California Governor Signs Marijuana Packaging and Advertising Bill Into Law
- California Governor Gavin Newsom signed Assembly Bill 2249, establishing stricter restrictions on marijuana packaging, labeling, and advertising aimed at preventing appeal to children, effective January 1, 2028.
- The new law defines materials attractive to individuals under 21, prohibiting use of cartoons, depictions of underage-looking people, celebrities linked to children’s entertainment, fantasy characters, candy imagery, and child-oriented typography and terms.
- Packaging and labeling cannot imitate non-marijuana products marketed to children, and edible or vape marijuana products cannot use cartoon or stylized fruit imagery, except realistic representations for ingredient accuracy.
- The Department of Cannabis Control will provide resources and tools to help licensees comply with the standards and may establish further regulations to mitigate risks to children from marijuana product packaging and labeling.
California Governor Gavin Newsom signed legislation today establishing new restrictions on marijuana packaging, labeling and advertising considered attractive to children.
Assembly Bill 2249, sponsored by State Assemblymember Jacqui Irwin (D), was signed by Newsom on August 31 after receiving overwhelming approval from lawmakers. The Senate passed the measure 38-0 on August 19, followed by a 69-1 Assembly vote concurring with Senate amendments on August 20.
California law already prohibits marijuana packaging, labeling, advertising and marketing that is attractive to children, but AB 2249 creates a more detailed standard for determining what falls under that prohibition. The new provisions become operative January 1, 2028.
Under the law, material may be considered attractive to children if it is designed or likely to appeal to people under 21, including the use of cartoons; depictions of people who appear to be under 21; celebrities or influencers primarily associated with children’s entertainment; and characters, mascots or brands associated with products marketed primarily to children.
The law also identifies magical or fantasy characters such as unicorns, wizards and dragons; images of candies, cereals, sweets and desserts; bubble- or balloon-style typography associated with children’s products; and terms such as “candy,” “candies,” “kandy” or “kandee.”
Marijuana packaging and labeling will also be prohibited from imitating or closely resembling non-marijuana products primarily marketed to children. Labels for edible marijuana products and vape cartridges cannot feature cartoon or overly stylized depictions of fruit, although realistic fruit imagery used to accurately describe ingredients or a production region will remain allowed.
“When voters legalized adult-use cannabis, they also made clear that California must protect children and ensure cannabis products are sold in a tightly regulated marketplace,” Newsom said in announcing the signing.
“Today we are setting clearer, enforceable standards that protect kids, strengthen accountability, and give responsible businesses the certainty they need to follow the rules,” he added.
The legislation follows recommendations from the California State Auditor calling for greater clarity regarding the state’s existing standards for marijuana packaging considered attractive to children.
AB 2249 also directs the Department of Cannabis Control to develop resources allowing licensees to evaluate whether their packaging and labeling comply with the new standards. Those resources may include educational materials, examples, guidance and automated tools capable of providing advisory compliance determinations.
The department will also be authorized to adopt additional regulations addressing packaging or labeling elements and product characteristics it determines pose heightened risks to children.