Code of Colorado Regulations
200 - Department of Revenue
213 - Natural Medicine Division
1 CCR 213-1 - COLORADO REGULATED NATURAL MEDICINE RULES
Part 3 - General Privileges and Limitations
Section 1 CCR 212-3-3-3505 - Licensee Marketing
Current through Register Vol. 47, No. 17, September 10, 2024
Basis and Purpose - 3505
The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(j), 44-50-203(1)(k), 44-50-203(1)(m), 44-50-203(2)(a), and 44-50-203(2)(q), C.R.S. The purpose of this rule is to define the requirements and limitations on Natural Medicine Businesses in public communications promoting the Licensee, Regulated Natural Medicine, Regulated Natural Medicine Product, or Natural Medicine Services. The following rule, in conjunction with Rule 3305 - Licensee Marketing, seeks to implement measures preventing diversion to individuals under 21 years of age, prevent accidental ingestion, and avoid the excessive commercialization of natural medicine and natural medicine services. Initially, this rule seeks to minimize opportunities to misappropriate or exploit federally recognized American tribes, indigenous people, communities, and cultures by limiting the use of color and images on packages and labels. This rule does not limit the use of color or images in a Licensee's marketing materials, which could include branding - see Rule 3305 for additional information, requirements, and limitations on packaging and labeling.
A. Applicability. This Rule applies to any communication that markets a Licensee, the Licensee's Regulated Natural Medicine or Regulated Natural Medicine Product, or Natural Medicine Services regardless of how that communication is identified. Marketing includes, but is not limited to, advertising, public relations, branding, and other promotional effects.
B. No Deceptive, False, or Misleading Statements. A Natural Medicine Business shall not engage in marketing communication that is deceptive, false, or misleading. A Natural Medicine Business shall not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a Participant.
C. No Misappropriation of Federally Recognized American Tribes or Indigenous People or Culture. Natural Medicine Businesses, Regulated Natural Medicine, Regulated Natural Medicine Product and Natural Medicine Services shall not be marketed in a way that misappropriates or exploits the identity or cultural history of Federally Recognized American Tribes as defined in section 12-170-104(7), C.R.S., or indigenous people, their community, culture or religions.
D. No Safety Claims Because Tested. A Natural Medicine Business shall not claim that Regulated Natural Medicine or Regulated Natural Medicine Product are safe because they were tested by a Natural Medicine Testing Facility.
E. Promotions Shall Not Appeal to Individuals Under 21 Years of Age. Natural Medicine Businesses shall not market in a way that appeals to individuals under 21 years old, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or reference to products that are commonly associated with minors or marketed to minors.
F. Audience Composition Data Required. Licensees are required to maintain audience composition data demonstrating that any communication marketing the Licensee, Regulated Natural Medicine, Regulated Natural Medicine Product, or Natural Medicine Services has an audience where at least 73.6% of the audience is reasonably expected to be at least 21 years of age or older.
G. A Natural Medicine Business may only market the Licensee's services to individuals who are legally allowed to obtain Natural Medicine Services. Licensees shall not market transfer of Regulated Natural Medicine or Regulated Natural Medicine Product for remuneration.
H. Outdoor Marketing. Prior to engaging in outdoor marketing or advertising, the Licensee shall provide the Division with audience composition data demonstrating compliance with subpart (F) of this Rule above and documentation demonstrating compliance with local outdoor marketing or advertising restrictions. The restrictions in this Rule 3505(H) do not prohibit a sign or signs on the building where the Licensed Premises is located.
