6-3.4 Step 4: Determine Prohibited or Restricted Advertisements

6-3.4.1 Process

Determine whether the mailpiece contains any prohibited or restricted advertisements. Consider the following three conditions and proceed as follows:

1. If the mailpiece contains any prohibited advertisement (that is, for a credit, debit, or charge card or similar financial instrument or account), the mailpiece is ineligible for mailing at the nonprofit prices. Note: Telephone cards, fare cards, financial planning services, and stocks, bonds, and other securities are examples of products and services not considered to be financial instruments.
2. If the mailpiece contains any restricted advertisement (that is, for an insurance policy or travel arrangement), the mailpiece is ineligible for mailing at the nonprofit prices unless the advertisement meets the conditions described in this section.
3. If the mailpiece contains no prohibited or ineligible restricted advertisement but contains any other advertisements, go to step 5. If it contains no prohibited or ineligible restricted advertisements and no other advertisements, the content-based restrictions for advertisements do not apply, and if there are no other problems such as noncompliance with the cooperative mailing rule, the mailpiece is eligible for mailing at the nonprofit prices.

6-3.4.2 Insurance Policies

Material that advertises, promotes, offers, or for a fee or consideration recommends, describes, or announces the availability of any insurance policy is ineligible for mailing at the nonprofit prices unless the following three conditions are met:

1. The organization promoting the policy is authorized to mail at the nonprofit prices at the office of mailing.
2. The policy is designed for and primarily promoted to the members, donors, supporters, or beneficiaries of that organization.
3. The coverage provided by the policy is not generally otherwise commercially available.

Insurance is not considered to be generally otherwise commercially available in the following circumstances:

1. The solicitation is targeted at individuals for whom that type of coverage is not available. Example: A mailing by a nonprofit organization offers health care coverage in a mailing targeted at individuals who, due to their age, health condition, or other reasons, cannot obtain health insurance from any other source. Although health insurance is considered to be generally otherwise commercially available in most instances, it is not in this case since the targeted recipients cannot obtain such insurance from another source. Accordingly, this mailing does not violate the restriction against mailing insurance solicitations at nonprofit prices.
2. The solicitation is for a charitable gift annuity. (See CSR PS-294.)
3. The coverage is provided by the nonprofit itself (e.g., a nonprofit fraternal beneficiary society exempt from the payment of federal income tax under section 501(c)(8)) that offers life insurance to its members and is also the insurer).
4. The coverage is provided or promoted by the nonprofit organization (e.g., a 501(c)(3) nonprofit endowment) in a mailing to its members, donors, supporters, or beneficiaries in such a way that the members, donors, supporters, or beneficiaries may make tax-deductible donations to the nonprofit organization of their proportional shares of any income in excess of costs that the nonprofit organization receives from the purchase of the coverage by its members, donors, supporters, or beneficiaries.

6-3.4.3 Travel Arrangements

Material that advertises, promotes, offers, or, for a fee or consideration, recommends, describes, or announces the availability of any travel arrangement is ineligible for mailing at the nonprofit prices unless the following three conditions are met:

1. The organization promoting the arrangement is authorized to mail at the nonprofit prices at the office of mailing.
2. The arrangement is designed for and primarily promoted to the members, donors, supporters, or beneficiaries of that organization.
3. The travel contributes substantially — aside from the cultivation of members, donors, or supporters or the acquisition of income or funds — to one or more of the purposes that constitute the basis for the organization’s authorization to mail at the nonprofit prices.

6-3.4.3.1 Defining Travel Arrangements

The Postal Service does not consider an offering to involve a “travel arrangement” unless it includes three elements: transportation, accommodations, and a destination. The elements may be express or implied in the advertisement. For example, an announcement for a three day all-inclusive trip from New York to Las Vegas is considered a travel arrangement since the destination is expressly stated, and the accommodations and transportation implied. In contrast, an advertisement for a hotel only or only for airline tickets is not considered to involve travel arrangements since all three elements are not present. (See CSR PS-298.)

6-3.4.3.2 Entire Itinerary to Be Considered

In determining whether a travel arrangement contributes substantially to the organization’s purposes, the Postal Service does not limit its consideration to the description of the travel arrangement that appears in the solicitation. Rather, it considers the full itinerary and other relevant circumstances. (See CSR PS-305.)