The term “unsolicited promotional sample” refers to any article of merchandise that is sent through the mail free of charge and that is unrequested by the addressee. This definition includes items such as patent medicines, cosmetics, laundry products, and razors.
The fact that an item is unsolicited by the addressee generally does not affect its mailability unless the article is composed of hazardous materials or restricted matter. Hazardous materials are subject to the mailing conditions in Chapter 3 of this publication, as applicable. Unsolicited items that are not hazardous materials may be subject to additional packaging requirements based on the content.
Unsolicited samples of an article or instrument designed, adapted, or intended for preventing conception is nonmailable, except when mailed to a manufacturer, dealer, licensed physician or surgeon, nurse, pharmacist/druggist, or a hospital or clinic (39 U.S.C. 3001 and 18 U.S.C. 1461).
A mailer, who presents matter that is generally permitted in the mail, but for compliance with the specified packaging and preparation requirements, may submit an accompanying written statement certifying that the matter is packaged or prepared under the applicable federal laws and postal standards. The certifying statement may be made on the mailer’s letterhead, on a postage statement, or as a notice on the exterior of each item presented for mailing.
Customers who object to receiving unsolicited matter should be advised that the Postal Service must accept any lawfully mailable matter that is properly prepared for mailing and bears appropriate postage. These customers may be directed to contact the mailer or manufacturer to have their names removed from the mailing list. Customers also may be advised they may refuse any piece of mail, either at the time it is offered for delivery or after it is delivered (if unopened), as provided in DMM 508.1 and POM 611.
Rulings sometimes can be provided based on the trade name of an item, but that is not always possible. A generic description, such as “razor blade,” “cleaner,” “aerosol product,” or “drug,” is insufficient for determining mailability. To request a ruling on the mailability of restricted matter, furnish the information in 215.3 to the local postmaster.
If the matter for which the ruling is being requested has the physical characteristics of a toxic substance, flammable liquid, compressed gas, or other hazardous material, a ruling should be requested under the conditions in 215.2.