Rule 40-32-5-.05. Advertising

Rule 40-32-5-.05. Advertising

1. (1) Prohibited Manners of Advertising. No consumable hemp product shall be advertised in this state in any manner that:

   1. (a) Is attractive to children;
   2. (b) Bears a reasonable resemblance to any existing candy, snack, or other food product that is widely distributed and familiar to the public;
   3. (c) Infringes on any trade dress, trademarks, branding, or other related materials as described in O.C.G.A. § 10-1-440 et seq. or in Chapter 22 of Title 15 of the United States Code; or
   4. (d) Suggests that such product constitutes or contains low-THC oil, or otherwise constitutes or contains medical marijuana or medical cannabis.
2. (2) Representation as a Low-THC Oil Dispensary. No person in this state that sells or otherwise distributes consumable hemp products to consumers shall advertise or represent themselves as selling, dispensing, or distributing low-THC oil or products containing low-THC oil, unless such person holds the required dispensing license.

Authority: O.C.G.A. §§ 2-2-9; 2-23-1 et seq.

History. Original Rule entitled "Advertising" adopted. F. Dec. 19, 2024; eff. Jan. 8, 2025.