May a private sector grantee/vendor/contractor affix the HHS logo to its communication product?

“Seals and devices of the Federal Government, Departments, Bureaus, and Independent Agencies are not in the public domain, and cannot be used for other than official business without specific authorization of the agency involved.” [Joint Committee on Printing, Congress of the United States]

The HHS Seal and Logo are for the official use of the U.S. Department of Health and Human Services and not for the use of the private sector, including grantees, vendors, and contractors. To the public such usage would send a message that the U.S. Department of Health and Human Services favors or endorses an organization, its activities, its products, its services, and/or its personnel (either overtly or tacitly) — which, of course, it does not and cannot do.

Whether the private sector grantee/vendor/contractor is non-profit or commercial is not a factor. Regardless of how funded, grantee/vendor/contractor communication products are for the principle benefit and use of the grantee/vendor/contractor and not for the principle benefit or use of the Government. Grantee/vendor/contractor communication products are not construed to be Government communication products.