Domestic Mail Manual • Updated 7-14-24
508
508.10.4.3
Additional Services: Sexually Oriented Advertisements
10.4.3 Using Lists
This list may be used by a mailer only to protect persons whose names appear
on it from receiving unwanted sexually oriented advertisements through the mail.
No person, including a subscriber to the list, may use the list for any other
purpose, and no person may sell, lease, rent, lend, exchange, or license another
to use this list for any other purpose, including its use by another to remove
names from a list of persons to whom sexually oriented advertisements are to be
sent. No person may use the list or a copy of the list for preparing mailings or
other lists for sale, lease, rent, loan, exchange, or use by another. Violators are
subject to criminal prosecution.
10.5 Envelope Marking
Section 3010(a) authorizes and directs the USPS to provide a mark or notice that
must be placed on the envelope or cover of any sexually oriented advertisement
sent through the mail, with the sender’s name and address. The following
provisions implement this authority and direction:
a. Any person who mails or causes to be mailed any sexually oriented
advertisement must place in the upper left corner of the exterior face of the
mailpiece, whereon appear the address designation and postmarks,
postage stamps, or indicia thereof, the sender’s name and address. In the
right portion below the postage stamp, or indicia thereof, and above the
addressee designation, there must be placed “Sexually Oriented Ad.” The
words “Sexually Oriented Ad,” however, need not be placed on the exterior
envelope or cover of a mailpiece containing such an advertisement, if the
contents of the mailpiece are enclosed in a sealed envelope or cover, inside
the exterior envelope or cover, and the sealed envelope or cover bears
conspicuously the words “Sexually Oriented Ad.”
b. The name and address of the sender and the required legend, if it is placed
on the exterior face of the mailpiece, must be printed in a type size no
smaller than that used for any other word on the envelope or other cover,
and never smaller than 12-point type. Such type must be no less
conspicuous than the boldest type used to print other words on the exterior
face of the mailpiece.
c. The contrast between the background and printing of the sender’s name
and address and the contrast between the background and the printing of
the required notice must be no less than the contrast between the
background and printing of any other word on the envelope or other
wrapper.
d. A clear space no less than 1/4 inch wide must surround the sender’s name
and address and the required notice, separating each from any other matter
on the same envelope or cover.
10.6 Violations
This is a partial list of conduct that may violate 39 USC 3010 or 18 USC 1735:
a. The mailing of a sexually oriented advertisement in an envelope or other
wrapper that does not bear the name and address of the sender and the
legend “Sexually Oriented Ad,” under10.5.