16 Del. C. § 6907: Advertising; required information [Effective Jan. 1, 2027].

(a) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing pyrotechnic mixture that includes an audio or visual depiction of aerial fireworks or specifically advertises the sale of aerial fireworks may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains a warning that the use of fireworks is generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products.

(b) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains, at a minimum, a warning that fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1, that Delaware law limits the types of fireworks that may be used, that a permit may be required to use fireworks, and that potential purchasers should check their local and state laws before purchasing or using the advertised products.

(c) No billboard in this State may advertise the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, unless the advertising contains, in a font of sufficient size and legibility that can be read easily by an operator of a vehicle on the roadway towards which the billboard faces, the following language:SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.”

(d) Any retailer, manufacturer, or other person advertising fireworks or products containing any pyrotechnic mixture in this State who fails to make the required warnings in the advertising materials under subsection (a), (b), or (c) of this section is subject to a civil fine of $1,000 for each violation. Each printed copy of an advertisement distributed in Delaware is a separate violation for purposes of this section, and a separate violation occurs each time a potential purchaser or consumer views, hears, or otherwise is exposed to an audio, visual, or audio-visual advertisement within the bounds of this State.

(e) No sale of fireworks or products containing any pyrotechnic mixture designed or intended for display listed in § 6901(a) of this title, or of any devices listed in § 6901(d) of this title containing an amount of pyrotechnic mixture exceeding the maximum limits set forth in § 6901(d) of this title, may be made in this State unless the purchaser is provided with a written notice containing the following information, or such other information as the State Fire Prevention Commission may require by regulation, on letter-sized paper in large, bold font:

(1) The products purchased by the consumer may be illegal in Delaware, and illegal possession or use may result in financial penalties.

(2) Fireworks and similar products are dangerous, and improper use may result in death or serious physical injury.

(3) Information on the safe usage and disposal of fireworks and similar products.

(4) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.

(f) No sale of fireworks or products containing any pyrotechnic mixture that may be possessed or used in this State without a permit on July 4, the third day of Diwali, December 31, and January 1 may be made in this State unless the purchaser is provided with a written notification containing a warning on letter-sized paper containing the following information:

(1) Information on the safe usage and disposal of fireworks and similar products.

(2) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.