--- title: "16 CFR 316.4 CAN-SPAM: Requirement to place warning labels on commercial electronic mail that contains sexually oriented material" canonical: "https://dposchool.com/can-spam/section/316.4" source: "https://www.ecfr.gov/current/title-16/section-316.4" source_note: "Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 16 CFR 316.4 CAN-SPAM · Part 316: CAN-SPAM RULE # 16 CFR 316.4 CAN-SPAM: Requirement to place warning labels on commercial electronic mail that contains sexually oriented material eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 16 CFR 316.4(a) **(a)** Any person who initiates, to a protected computer, the transmission of a commercial electronic mail message that includes sexually oriented material must: #### 16 CFR 316.4(a)(1) **(1)** Exclude sexually oriented materials from the subject heading for the electronic mail message and include in the subject heading the phrase “SEXUALLY-EXPLICIT: ” in capital letters as the first nineteen (19) characters at the beginning of the subject line; 2 2 The phrase “SEXUALLY-EXPLICIT” comprises 17 characters, including the dash between the two words. The colon (:) and the space following the phrase are the 18 th and 19 th characters. #### 16 CFR 316.4(a)(2) **(2)** Provide that the content of the message that is initially viewable by the recipient, when the message is opened by any recipient and absent any further actions by the recipient, include only the following information: ##### 16 CFR 316.4(a)(2)(i) **(i)** The phrase “SEXUALLY-EXPLICIT: ” in a clear and conspicuous manner; 3 3 This phrase consists of nineteen (19) characters and is identical to the phrase required in 316.5(a)(1) of this Rule. ##### 16 CFR 316.4(a)(2)(ii) **(ii)** Clear and conspicuous identification that the message is an advertisement or solicitation; ##### 16 CFR 316.4(a)(2)(iii) **(iii)** Clear and conspicuous notice of the opportunity of a recipient to decline to receive further commercial electronic mail messages from the sender; ##### 16 CFR 316.4(a)(2)(iv) **(iv)** A functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed, that ###### 16 CFR 316.4(a)(2)(iv)(A) **(A)** A recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and ###### 16 CFR 316.4(a)(2)(iv)(B) **(B)** Remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message; ##### 16 CFR 316.4(a)(2)(v) **(v)** Clear and conspicuous display of a valid physical postal address of the sender; and ##### 16 CFR 316.4(a)(2)(vi) **(vi)** Any needed instructions on how to access, or activate a mechanism to access, the sexually oriented material, preceded by a clear and conspicuous statement that to avoid viewing the sexually oriented material, a recipient should delete the email message without following such instructions. ### 16 CFR 316.4(b) **(b)** Prior affirmative consent. Paragraph (a) does not apply to the transmission of an electronic mail message if the recipient has given prior affirmative consent to receipt of the message. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [16 CFR 316.4 on eCFR](https://www.ecfr.gov/current/title-16/section-316.4) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [CAN-SPAM Navigator](https://dposchool.com/can-spam) / 16 CFR 316.4 Previous: [16 CFR 316.3 CAN-SPAM: Primary purpose](https://dposchool.com/can-spam/section/316.3) Next: [16 CFR 316.5 CAN-SPAM: Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out](https://dposchool.com/can-spam/section/316.5) ## For AI agents - Machine-readable index: https://dposchool.com/can-spam/llms.txt - JSON API: https://dposchool.com/can-spam/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents