TO:

All Participants

Several MAP participants have recently posed questions concerning the use of a single company name or single brand name or logo in a promotion campaign. FAS has carefully examined the MAP regulations with respect to the definition of brand and generic promotions and is providing additional clarification on this issue.

An MAP participating nonprofit organization may conduct a generic promotion in conjunction with a single company or brand provided the nonprofit organization does not spend any MAP funds (claim reimbursement for eligible expenses) on items that identified the company or brand AND all other companies seeking to promote the U.S. agricultural commodity or product had an equal opportunity to participate in the promotion. In other words, MAP funds may only be spent on the generic aspects of the campaign. If MAP funds are spent on any item that references a single company or brand (i.e., promotional material, advertising), then it would be considered a brand promotion.

This clarification does not alter the current definition of brand and generic promotions and any activity that involves two or more companies is considered a generic promotion.

Following are examples of typical marketing activities that may be considered generic promotions provided certain conditions are met:

A nonprofit organization may conduct a generic in-store promotion in conjunction with a single company or brand name provided MAP funds are used to pay for only generic promotional materials and all other companies seeking to promote the U.S. agricultural commodity had an equal opportunity to participate in the promotion.

Participation by a single company or brand name in a trade show may be considered a generic activity provided MAP funds are used to pay for only generic promotional materials and all other companies seeking to promote the U.S. agricultural commodity had an equal opportunity to participate in the promotion.

A nonprofit organization may use MAP funds to develop and produce generic promotional materials (i.e., posters, recipes, brochures, information leaflets, banners, in-store displays) which may then be distributed to companies for their use in promoting their products. Any brand identification that is added or incorporated into the generic material must be at the expense of the company.