This bill, commencing January 1, 2028, would define “attractive to children” to mean designed or likely to appeal to individuals under 21 years of age, as specified. The bill would authorize the department to adopt regulations to address additional packaging and labeling design elements or product characteristics that pose heightened risk to children. The bill would require the department to develop compliance assessment resources to assist licensees in self-evaluating whether packaging or labeling is attractive to children.

26141.

(a) For purposes of subdivision (b) of Section 26120 or subdivision (f) of Section 26152, “attractive to children” means designed or likely to appeal to individuals under 21 years of age, which may be indicated by, but not limited to, any of the following:

(1) Cartoons. For purposes of this section, “cartoon” means an illustrated or graphic depiction of a person, animal, creature, or object that uses one or more stylized features commonly associated with children’s animated media, including any of the following:

(A) Exaggerated physical features or proportions.

(B) Anthropomorphism.

(C) Attribution of extra-human traits or abilities to a character or object.

(D) Highly exaggerated facial expressions, emotional reactions, or other animated-character design conventions.

(2) Depictions of individuals who are, or who appear to be, under 21 years of age.

(3) Images of, or references to, celebrities or influencers primarily associated with contemporaneous children’s entertainment, media, or products.

(4) Images of, or references to, characters, mascots, products, brands, or trade dress primarily associated with contemporaneous children’s entertainment, media, or products.

(5) Magical, fantasy, or mythological characters commonly associated with children’s entertainment, media, or products, including, but not limited to, unicorns, wizards, or dragons.

(6) Images of consumable goods primarily marketed to children, including candies, cereals, sweets, and desserts.

(7) Typography, lettering, or font styles that resemble overinflated bubbles or balloons, or other styles typically used in, or characteristic of, products that are primarily marketed to children .

(8) The terms “candy” or “candies” or variants in spelling such as “kandy” or “kandee.”

(b) Cannabis and cannabis product packaging and labeling shall not imitate, mimic, or closely resemble the packaging, labeling, trade dress, or overall appearance of a noncannabis product that is primarily marketed to children.

(c) Edible cannabis product or vape cartridge labeling shall not include cartoon or overly stylized depictions of fruit. Realistic depictions of fruit used to identify or accurately depict the product ingredients or production region are not prohibited.

(d) The department may adopt regulations to address additional packaging and labeling design elements or product characteristics that pose heightened risk to children.

(e) This section shall become operative on January 1, 2028.

26142.

(a) The department shall develop compliance assessment resources to assist licensees in self-evaluating whether packaging or labeling is attractive to children.

(b) The compliance assessment resources may include automated tools, educational resources, examples, or other guidance intended to promote voluntary compliance. The development, publication, or revision of the tools and guidance shall not require formal adoption through the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(c) An automated tool published pursuant to this section may be constructed to issue advisory determinations of compliance or noncompliance, based on the requirements of this chapter and any regulations adopted pursuant to this chapter. Determinations generated by the tool shall not constitute a final department determination.