[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4340 Introduced in House (IH)]







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 Representatives 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 following:
    ``(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 (including 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 
contrast by typography, layout, or color with other printing on its 
face, in accordance with regulations which the Postal Service shall 
prescribe--
            ``(A) bears on the envelope the following notice: `This is 
        a game of chance (or sweepstakes, if applicable). 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 enclosed 
        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 probability). 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 
legible 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 notice: `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 largest 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.''.
                                 <all>