6-1.4 Different Rules for Products and Advertisements

When considering eligibility for mailing at the nonprofit prices, the law distinguishes between products and advertisements for products and services. The tests for determining whether a product may be mailed at nonprofit prices are different than those used to determine whether an advertisement for a product or service may be mailed at those prices. When considering whether an advertisement for a product or service may be mailed at the nonprofit prices, it is important to determine the product or service advertised. The law imposes different eligibility tests for advertisements depending on the type of product or service advertised. (For an overview of these rules and our suggested procedure for analyzing eligibility of mailpieces for nonprofit prices, see the six-step process in 6-3.)

Since different eligibility standards apply to products and advertisements, it is possible that a product itself can be eligible for mailing at the nonprofit prices, but an advertisement for that same product may not be. The reverse is also true. That is, a product might not be eligible for mailing at the nonprofit prices, while an advertisement for that same product or service might be eligible for mailing at these prices.

Example: Product Versus Advertising Standards

• A church buys Bibles at $20 each. The Bible is ineligible for the nonprofit prices because it does not meet any statutory provision for mailing a product. However, advertisements for the Bible are likely to be considered eligible for the nonprofit prices.

See 6-2 and 6-3 for the factors used to determine eligibility of such products and advertisements to be mailed at nonprofit prices.