§ 5041. Age Confirmation in Advertising
(a) Prior to any advertising or marketing from the licensee involving direct, individualized
communication or dialogue, the licensee shall use age affirmation to verify that the recipient is
21 years of age or older.
(b) For the purposes of this section, direct, individualized communication or dialogue may occur
through any form of communication, including in-person, telephone, physical mail, or electronic.
(c) A method of age verification is not necessary for a communication if the licensee can verify
that the licensee has previously had the intended recipient undergo a method of age affirmation
and the licensee is reasonably certain that the communication will only be received by the
(d) A licensee shall use a method of age affirmation before having a potential customer added to
a mailing list, subscribe, or otherwise consent to receiving direct, individualized communication
or dialogue controlled by a licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26151 and
26152, Business and Professions Code.