MTA Advertising Policy

There is a two-part test under the Advertising Policy. First, proposed advertising needs to fall into one of the categories of “Permitted Advertising” defined in Section IV(A) of the Advertising Policy. Second, proposed advertising cannot fall into one of the categories of “Prohibited Advertising” defined in Section IV (B) of the Advertising Policy. In other words, proposed advertising must satisfy both of these criteria. 

For example, even though advertising promoting a commercial product and certain public service announcements qualifies as “Permitted Advertising,” the MTA will not permit such advertising if it prominently or predominantly supports, opposes, or comments on any international dispute or warfare among nations or religious, ethnic, or other similar groups.

Only commercial ads, governmental notices or messages, or certain public service announcements.

Commercial advertising includes advertising that promotes a commercial transaction for the advertiser’s commercial or proprietary benefit or promotes the brand of an advertiser who engages in commercial transactions. It also includes advertising that promotes services or events for the advertiser’s commercial or proprietary interest, or more generally promotes an entity that engages in such activities.

A notice or message from the MTA, or one paid for by the federal government, New York State, Connecticut, New York City, or of any of the other county governments within the Metropolitan Transportation Commuter District.

An announcement paid for by a government or by a 501(c)(3) tax-exempt nonprofit corporation that relates directly to one of these topics and is not otherwise prohibited under the Advertising Policy:

• Prevention or treatment of illnesses;
• Promotion of safety or personal health;
• Education or training programs (e.g., colleges, graduate school programs, or vocational training programs);
• Art or culture programs;
• Provision of children and family services;
• Provision of services and programs that provide support to low-income citizens, senior citizens, or people with disabilities;
• Public education that solely informs the public of the existence of current New York City, New York State or national laws or constitutional provisions and that contains only a quotation from and citation to such provision and/or explanatory graphics accurately reflecting the law, and the identity of the advertiser.

These FAQs refer to the MTA, but the MTA relies on independent advertising licensees to handle much of its advertising and for the most part relies on them to apply the Advertising Policy. The MTA often reviews proposed advertising only when an independent advertising licensee has determined that proposed advertising does not, or may not, comply with the Advertising Policy and has referred it to the MTA. The MTA works with its independent advertising licensees to try to ensure that the Advertising Policy is being followed, but often must rely on its independent advertising licensees in the first instance to identify problematic ads.

Yes. To avoid the appearance that the MTA is endorsing advertising, all advertising should clearly communicate who is paying for it or its sponsor, whether directly or through its context. If it does not, the MTA may ask an advertiser to include an explicit statement.

Yes. All commercial advertising should clearly communicate the commercial subject of the advertising. Every public service announcement must clearly communicate that it directly relates to one or more of the permissible topics for public service announcements. Advertisers will submit to the advertising licensee along with their proposed advertising a form that identifies the goods, products, services, events, or other commercial transaction or entity that the advertising is intended to promote, or, for a public service announcement, the permissible topic to which it directly relates. The MTA may ask an advertiser to include an explicit statement in the advertising if the MTA believes that it does not clearly communicate what is being advertised.

Not necessarily. A teaser advertising campaign—one that begins with advertising that does not clearly communicate who is paying for the advertising or what good, product, service, event, or other commercial transaction is being advertised—may be permitted but only if that information will be clearly communicated in follow-up advertising conveyed within a reasonable amount of time, and only with the  approval of the MTA Advertising Committee after consultation with the advertising licensee.

Each specific advertisement or component of advertising does not need to identify who is paying for it and what is being advertised, so long as the advertising campaign as a whole, whether directly or through context, makes these facts clear to the reasonable viewer.

In reviewing advertising for compliance with the Advertising Policy, the MTA may consult the advertiser’s website, marketing and promotional materials, government filings, materials regarding the nature or content of advertised products or services, or any other material that would inform its judgment. The MTA also may request additional facts or materials from the advertiser to determine whether the advertising complies with the Advertising Policy.

Yes. Advertising that qualifies as commercial advertising or a public service announcement still may fall within one or more of the prohibited categories. For example, advertising that prominently or predominately advocates or expresses a message on pending legislation will not be accepted for display even if it also mentions or promotes a commercial product such as a bumper sticker, a T-shirt, or event, or a TV show, a news program, a DVD, a book, a movie, or some other media product.

Under the Advertising Policy, the MTA will not accept advertising that promotes an escort service, strip club, or a Sexually Oriented Product or Service, as that term is defined in the Advertising Policy. However, advertising that generally promotes the brand of a company that sells a Sexually Oriented Product or Service may be accepted, so long as the advertising itself does not violate any other provision of the Advertising Policy. Thus, for example, brand promotion advertising for such a company would not be acceptable if it depicts or refers to the Sexually Oriented Product or Service itself, or depicts, references, or contains symbols or images reasonably understood to represent or evoke Sexual Activity, as that term is defined in the Policy.

Yes. Preliminary concepts for Display Advertisements may be submitted to MTA’s advertising licensee for review. If the independent advertising licensee determines that a preliminary concept would not, or might not, comply with the Advertising Policy, then it will often forward such preliminary concepts to MTA for review. 

Note that if a proposed concept for advertising is provisionally approved, the final advertising must still be submitted and approved under the procedures set forth in the Advertising Policy and described in these FAQs.

Yes. The MTA may require the removal of any advertising that it determines at any time does not comply with the Advertising Policy. Given the large amount of advertising handled by MTA’s advertising licensee, it is possible that such advertising may not have been submitted to the MTA for review by the MTA’s advertising licensee. Even if MTA reviewed and approved advertising, it may remove it if it later determines that the advertising does not comply with the Advertising Policy.

Brand Marketing is a broad umbrella term encompassing many forms of paid advertising on MTA Property other than Display Advertising, including but not limited to certain audio advertising, installation advertising, event marketing, sponsorships, and other brand activation including experiential marketing and sampling campaigns. 

Brand Marketing is governed by the Advertising Policy and is subject to review by the MTA Advertising Committee for compliance with the Advertising Policy. Further, Brand Marketing will be subject to additional review, restrictions, and requirements by the MTA designed to promote the safe and efficient operation of the MTA’s transportation services and terminals. More specifically, the MTA reserves the right to reject and/or limit all Brand Marketing on grounds related to promoting the safe and efficient operation of the MTA’s transportation services and terminals. Further, the MTA reserves the right (a) to reject and/or limit all Brand Marketing that is reasonably likely to cause damage to MTA Property or equipment; and (b) to reject and/or limit Brand Marketing to protect the character of historical landmarks.  

For example, the MTA reserves the right in its discretion to limit the number and location of Brand Marketing to promote these ends. The entire MTA advertising program, including Display Advertisements and Brand Marketing, constitutes a nonpublic forum.

For more information about all Brand Marketing, please contact the MTA representative listed above.

Installation advertising is a subset of Brand Marketing and commonly refers to a three-dimensional display or structure designed to promote goods, products, services, or events for an advertiser’s commercial interest, including any digital displays that are part of such physical installations (“Installation Advertising”).  Installation Advertising may include staff, free samples, activities for the public or other promotional efforts. The MTA allows a limited amount of Installation Advertising in certain pre-determined locations, consistent with the safe and efficient operation of the MTA’s transportation services and terminals.  The MTA reserves the right to change the number and locations of permitted spaces for installation advertising at any time. 

Installation Advertising will be considered a “fixed format” under Section IV.D.1 of the Advertising Policy regarding alcohol advertising. Accordingly, Installation Advertising for alcohol products or brands that is otherwise compliant with the Advertising Policy is permitted within (i) the commuter rail portions of Grand Central Terminal, Grand Central Madison, Jamaica Station, and Penn Station, or (ii) subway or rail stations adjacent to venues where (a) alcoholic beverages are legally served, and (b) the venue’s seating capacity is 5000 or more (if within New York City) or 1500 or more (if within the MTA service area outside of New York City).

The MTA currently has a pilot project regarding audio advertising by advertisers on MTA property, and this pilot incorporates the standards of the MTA Advertising Policy. Read the relevant rules governing audio advertising.  

For the sake of clarity, the MTA has a separate pilot project called the Train Audio Announcement Pilot in which members of the public such as celebrities make train announcements, and it not governed by MTA Advertising Policy. Read the relevant rules governing the Train Audio Announcement Pilot.