"Unsolicited promotional sample" refers to any unrequested merchandise item sent through the mail free of charge. This 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, as applicable. Unsolicited items that are not hazardous materials may be subject to additional packaging requirements based on the contents (e.g., liquids, odd-shaped items).
Any article or instrument designed, adapted, or intended for producing abortion is nonmailable (18 U.S.C. § 1461).
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, surgeon, nurse, pharmacist, or a hospital or clinic (39 U.S.C. § 3001 and 18 U.S.C. § 1461).
Certain unsolicited samples may be nonmailable for reasons including the following:
- Hazardous Materials: The sample is restricted (e.g., a toxic substance or poison) and subject to the hazardous materials requirements in Chapter 3.
- Improper Packaging: The sample is improperly prepared for mailing (refer to DMM 601). Additionally, certain material or matter must use appropriate child-resistant packaging as follows:
- Pesticides: Unsolicited pesticide samples (18 U.S.C. § 1716), or any matter containing a pesticide under 7 U.S.C. § 136(u) of the Federal Insecticide, Fungicide, and Rodenticide Act must comply with child-resistant packaging standards established by the Environmental Protection Agency (EPA) applicable to that particular matter (40 CFR § 157).
- Poisons: Unsolicted matter containing a substance under 15 U.S.C. § 1471(2) of the Poison Prevention Packaging Act of 1970 must comply with the child-resistant packaging established for that substance by the Consumer Product Safety Commission (16 CFR § 1700).
- Fragrance Samples: Fragrance advertising samples (39 U.S.C. § 3001[g]) are nonmailable unless packaged to prevent involuntarily exposure, using paper stocks with a maximum porosity of 20 Sheffield units or 172 Gurley-Hill units treated exclusively with microencapsulated oils. The sample should be activated only by opening a glued flap or by removing an overlying ply of paper.
- Odd-Shaped Item in Letter-Sized Envelope: The sample is an odd-shaped item in a letter-size envelope that is prohibited under DMM 601.3.3.
Mailers presenting matter generally mailable, but subject to specified packaging and preparation requirements, may include a written statement on the mailer‘s letterhead, postage statement, or on the item itself, certifying that the matter is packaged or prepared per the applicable federal laws and Postal Service standards.
Customers who object to receiving unsolicited matter should be informed that the Postal Service must accept any lawfully mailable, properly prepared matter with correct postage. Customers may contact the mailer or manufacturer to request removal from the mailing list. Customers also 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 on mailablity may sometimes be issued based on a product‘s trade name, though more specific information is often required. Generic descriptions (e.g., "razor blade," "cleaner," "aerosol product," "drug") are insufficient for determining mailability. For a ruling on restricted matter, information outlined in 215 should be provided 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.
