Sec. 3. Safety for advertising
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/bill/117/s/4622/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Federal Communications Commission may not— with respect to an authorization relating to a radio or television broadcast station, deny, fail to renew for a full term or condition the authorization, decline to approve an application for authority to assign the authorization or transfer direct or indirect control of the licensee, require an early renewal application, or otherwise impair the authorization, because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider, if the activities of the cannabis-related legitimate business or service provider were, at the time of the broadcast or other transmission of advertising, authorized in the State, political subdivision of a State, or Indian country in which the community of license of the station is located; commence any proceeding against, issue a notice of apparent liability or inquiry to, or impose a forfeiture penalty on a radio or television broadcast station under title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq. ) because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider, if the activities of the cannabis-related legitimate business or service provider were, at the time of the broadcast or other transmission of advertising, authorized in the State, political subdivision of a State, or Indian country in which the community of license of the station is located; or deny or designate for hearing any application for an authorization relating to a radio or television broadcast station solely because— the applicant— is or has been a cannabis-related legitimate business or service provider; or is an owner, officer, operator, or employee of a cannabis-related legitimate business or service provider; or an owner, officer, director, or employee of the applicant, any parent entity of the applicant, or the applicant has provided or is providing services, including advertising services, equipment, or other support, for the operation of a cannabis-related legitimate business or service provider.
Subsection
(a)shall only apply with respect to the advertising of products sold by a cannabis-related legitimate business if— the advertisement— contains a disclosure that states, This product has not been evaluated by the Food and Drug Administration. There may be health risks associated with consumption of this product. ; or complies with any applicable labeling requirements or other requirements adopted by the Surgeon General or the Food and Drug Administration for advertising of cannabis or cannabis products; and the advertiser has reliable evidence that not less than 70 percent of the audience for the advertisement is reasonably expected to be not less than 21 years of age, with the burden of proof regarding the expected audience composition lying with the advertiser.
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Sec. 3
Safety for advertising
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