New York State Passes Bill Requiring Sub Label Info

Many publishers already meet requirements but definition of “understandable and readable” could cause issues.

By Matt Kinsman
Wednesday, August 4, 2010

Last week the New York State Assembly passed Bill AO2642, which requires that every publisher of a magazine sold by subscription include a notice on the mailing label of each mailed copy including the month and year in which the subscription expires. The bill also requires publishers to disclose the month and year the subscription expires in renewal efforts (on order cards or renewal efforts) or the month and year of expiration on the mailing label when the invitation to renew is packaged with the magazine.

The bill does not apply to direct written communication inviting orders or renewals to subscriptions sold by a not-for-profit or as part of a school fundraiser or gift offer.

Violators face a penalty of not more than $100 for a single violation and not more than $500 for multiple violations from a single incident. Knowing violations carry a penalty of not more than $500 for one instance and not more than $1,000 for multiple incidents.

Some publishers say they already meet the guidelines. “Meredith has been putting expire information on their labels for some time,” says vice president of consumer marketing David Ball. “We don’t anticipate any problems complying with the NY law.”

However, others are concerned with the fact that the bill doesn’t offer specific guidelines for the language to be used beyond emphasizing “understandable” and “readable.”

“Publishers will want to avoid having to create separate, special renewal notices for New York addresses,” says Jay Hills, market manager, renewals, for Columbus, Ohio-based Highlights for Children. “I hope trade groups and some of the New York-based magazine publishers will take the lead in helping to clarify what is, at minimum, required under this new law. Determinations need to be made about whether particular presentations on renewal forms do or do not comply.”