§ 5040. Advertising Placement
(a) Any advertising or marketing placed in broadcast, cable, radio, print, and digital
(1) Shall only be displayed where at least 71.6 percent of the audience is reasonably expected to
be 21 years of age or older, as determined by reliable up-to-date audience composition data; and
(2) Shall not use any depictions or images of minors under 18 years of age.
(b) Upon request, a licensee shall provide to the Bureau audience composition data as required in
subsection (a) of this section for advertising or marketing placed by the licensee. This
information shall be provided to the Bureau within the time specified by the Bureau.
(c) If the Bureau determines that audience composition data for advertising or marketing
provided by a licensee does not comply with the requirements of subsection (a) of this section, or
the licensee fails to provide audience composition data to the Bureau within the time specified by
the Bureau, the licensee shall remove the advertising or marketing placement in question.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26151 and
26152, Business and Professions Code.