You asked if there is any law requiring direct mail catalog publishers to include a warning label that indicates sexually explicit devices are advertised in a catalog.

LABELING REQUIREMENTS

Federal law requires anyone mailing a sexually oriented advertisement to include a notice that the material is sexually explicit (39 USC § 3010(a)). The law defines “sexually oriented advertisements” as advertisements that depict or explicitly describe human genitalia, acts of intercourse, or other erotic subject matter relating to intercourse and human genitalia. However, if such material is only a small part of the whole catalog, the law does not deem it to be sexually oriented and no warning label is required (39 USC § 3010(d)).

The U. S. Postal Service has established specific labeling requirements, which are outlined in its Domestic Mail Manual. It requires that the words “Sexually Oriented Ad” be placed on the right portion of the mailing label, directly below the postage stamp on the exterior of the piece of mail. The label must be separated from other markings on the envelope by at least a ¼ inch of clear space. If the explicit mail piece or catalog is placed in a sealed envelope or package inside an additional envelope, only the inner envelope needs to be labeled.

PROHIBITORY ORDER

Federal law provides the public with a means to protect themselves and their minor children from receiving unsolicited, sexually oriented advertisements. Recipients of sexually oriented mail may, on their own behalf or on behalf of their minor children, request in writing that the Postal Service issue a prohibitory order. This order prohibits the sender from sending any mail to the addressee and requires that the sender remove the addressee from its mailing lists (39 USC § 3008). A person, on his or her own behalf, or on behalf of his or her minor child may also file a request with the Postal Service asking that no sexually oriented mail be sent to him or her (39 USC § 3010(b)). This order effectively bars any mailer of sexually oriented material from sending mail to the person.

LM: dw