(a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, 110382, and 110407 and shall not violate this part.
(b) A manufacturer, distributor, or seller of industrial hemp shall not do any of the following:
(1) Directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.
(2) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway that crosses the California border.
(3) Advertise or market industrial hemp products in a manner intended to encourage persons under 21 years of age to consume industrial hemp products.
(4) Publish or disseminate advertising or marketing that is attractive to children.
(5) Advertise or market industrial hemp products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.
(c) Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data.
(d) A violation of this section shall be subject to the requirements, fines, and penalties of Section 26152.2 of the Business and Professions Code.
(Amended by Stats. 2024, Ch. 899, Sec. 3. (SB 1498) Effective January 1, 2025.)