I
105TH CONGRESS
2D SESSION
H. R. 4340
To require certain notices in any mailing using a game of chance for the
promotion of a product or service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 28, 1998
Mr. LOBIONDO introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To require certain notices in any mailing using a game
of chance for the promotion of a product or service,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NOTICE REQUIRED ON MAILINGS USING
GAMES OF CHANCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Honesty in Sweepstakes Act of 1998’’.
(b) NOTICE REQUIRED.—Section 3001 of title 39,
United States Code, is amended—
(1) by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively; and
(2) by inserting after subsection (i) the follow-
ing:
‘‘( j)(1) Matter otherwise legally acceptable in the
mails that constitutes a solicitation or offer in connection
with the sales promotion for a product or service that uses
any game of chance of winning anything of value (includ-
ing any sweepstakes) shall not be carried or delivered by
mail, and may be disposed of as the Postal Service directs,
unless such matter in conspicuous and legible type in con-
trast by typography, layout, or color with other printing
on its face, in accordance with regulations which the Post-
al Service shall prescribe—
‘‘(A) bears on the envelope the following notice:
‘This is a game of chance (or sweepstakes, if appli-
cable). You have not automatically won.’, or a notice
to the same effect in words which the Postal Service
may prescribe; and
‘‘(B) bears on the top of the first page of en-
closed printed matter the following notice: ‘This is a
game of chance (or sweepstakes, if applicable). You
may not have automatically won. Your chances of
winning are (insert applicable mathematical prob-
ability). No purchase is required either to win a
prize or enhance your chances of winning a prize.’,
or a notice to the same effect in words which the
Postal Service may prescribe.
‘‘(2) Matter otherwise legally acceptable in the mails
that constitutes a solicitation or offer in connection with
the sales promotion for a product or service that uses any
matter resembling a negotiable instrument shall not be
carried or delivered by mail, and may be disposed of as
the Postal Service directs, unless such matter bears on the
face of the negotiable instrument in conspicuous and leg-
ible type in contrast by typography, layout, or color with
other printing on its face, in accordance with regulations
which the Postal Service shall prescribe, the following no-
tice: ‘This is not a check (or negotiable instrument). This
has no cash value.’, or a notice to the same effect in words
which the Postal Service may prescribe.
‘‘(3) The notices described under paragraphs (1) and
(2) shall be printed in a font which is the larger of—
‘‘(A) 80 percent or more of the size of the larg-
est font otherwise used in the matter; or
‘‘(B) a 16-point font.
‘‘(4) Nothing in this subsection shall preempt any
State law that regulates advertising or sales of goods and
services associated with any game of chance.’’.
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