Alabama Administrative Code Chapter 20-X-34 — Labeling, Promotions and Advertising of Consumable Hemp Products

20 Alabama Alcoholic Beverage Control Board

Ala. Admin. Code r. 20-X-34-.01 Promotional Advertising, Marketing and Labeling of Consumable Hemp Product License Types

(1) Consumable hemp products shall not advertise, market, or offer for sale, in its labeling or design of the product, its packaging, or in its advertising or marketing materials in any of the following ways:

(a) Trade dress, trademarks, branding, or other related imagery that depicts or signifies characters or symbols that are known to appeal primarily to minors, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, celebrities, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery.

(b) Trade dress, trademarks, branding, or other related imagery that imitates or replicates those of food brands or other related products that are marketed to minors, including, but not limited to, breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice cream, sorbets, sherbets, and frozen pops.

(c) Trade dress, trademarks, branding, or other related imagery that uses the terms candy, candies, cake, cakes, cupcake, cupcakes, pie or pies, any variant of these words, or any other term referencing a type or brand of these items, including types or brands that do not include the terms candy, candies, cake, cakes, cupcake, cupcakes, pie or pies in their names or slogans.

(d) Trade dress, trademarks, branding, or other related imagery that imitates, replicates, or depicts a school or office supply, including, but not limited to, backpacks, highlighters, ink pens, pencils, markers, or flash drives.

(e) Trade dress, trademarks, branding, or other related imagery that imitates, replicates or depicts personal items, including, but not limited to, cell phones, watches, cell phone cases, watch cases, handheld games or gaming systems, toys, headphones, ear buds, clothing, and cosmetics.

History

• Author: ABC Board
• Authority: Code of Ala. 1975, §§28-12-3; 28-12-24.
• New Rule: Published October 31, 2025; effective December 15, 2025, operative January 1, 2026.

Ala. Admin. Code r. 20-X-34-.02 Contested Labels

(1) If a consumable hemp product is confiscated or otherwise required to be removed by the ABC Board from a retail location, the retail licensee or the manufacturer, as listed on the product packaging, may appeal the adverse decision to the ABC Board Hearing Commission within fifteen days of the written notification of confiscation or removal of the product.

(2) All appeal hearings on this matter shall be conducted in the same manner as set forth in Chapter 20-X-3-.01, 20-X-3-.02, and 20-X-3-.03.

History

• Author: ABC Board
• Authority: Code of Ala. 1975, §28-12-3.
• New Rule: Published October 31, 2025; effective December 15, 2025, operative January 1, 2026.

Ala. Admin. Code r. 20-X-34-.03 Label Approval

(1) Prior to a consumable hemp product being sold, shipped, or distributed into the state of Alabama and to ensure compliance with all laws and regulations, the manufacturer of the product, as listed on the packaging, may receive label approval from the Alabama Alcoholic Beverage Control Board.

(2) The request for label approval shall be submitted to the Alcoholic Beverage Control Board on a form as prescribed by the board, along with a copy of the label and a fifty dollar ($50) label approval fee.

(3) A list of all approved labels will be available on the ABC Board’s website.

History

• Author: ABC Board
• Authority: Code of Ala. 1975, §§28-12-3; 28-12-20; 28-12-24
• New Rule: Published October 31, 2025; effective December 15, 2025, operative January 1, 2026.