Can I Subscribe the Same Audience to a New Newsletter?

If you’re launching a new newsletter and already have an existing audience, you may be wondering whether you can email those subscribers about the new publication.

What U.S. law allows (CAN-SPAM)

Under the CAN-SPAM Act, there is no affirmative opt-in requirement to send commercial emails in the United States. This means you may email existing subscribers to promote a new newsletter as long as your email meets the following requirements:

• The email accurately identifies you as the sender

• It includes your valid physical mailing address

• It includes a clear and easy way to unsubscribe

• You honor unsubscribe requests within 10 business days

Subscribers and members always retain the right to opt out of marketing emails even if they previously subscribed or hold a membership.

Some U.S. states maintain additional email solicitation rules beyond federal requirements. Before sending marketing emails to existing subscribers about a new newsletter, we recommend confirming that your approach aligns with any applicable state-level regulations.

Important note for EU subscribers (GDPR)

If you send an email to anyone located in the European Union or UK, consent is required before subscribing them to a new newsletter. Automatically adding EU subscribers without consent would not be GDPR-compliant.

Recommended best practice (strongly advised)

Even when legally permitted under U.S. law, automatically subscribing users to a new newsletter can negatively impact engagement and deliverability. For that reason, we strongly recommend the following approach.

Option 1: Promote the new newsletter (best practice)

The preferred approach is to promote your new newsletter within your existing newsletter using an in-house ad, banner, or callout. This allows readers to voluntarily subscribe to the new publication and ensures they only receive content they’ve explicitly chosen.

This method typically results in:

• Higher engagement

• Fewer spam complaints

• Better long-term deliverability

Option 2: Send the new newsletter with clear disclosure

If you choose to send the new newsletter to your existing audience, it’s important to do so transparently.

In this case, you should:

• Clearly explain why recipients are receiving the email (for example, because they subscribed to your existing newsletter)

• Make it clear what the new newsletter is about

• Include a clear and easy way to unsubscribe if they do not wish to continue receiving it

Providing upfront disclosure and an easy opt-out helps set expectations and reduces the risk of negative engagement or spam complaints.

Summary

• U.S. law (CAN-SPAM) allows commercial emails without prior opt-in, provided unsubscribe rules are followed

• Subscribers always have the right to opt out

• EU subscribers require explicit consent

• Best practice is to invite subscribers to opt in rather than automatically adding them

If you’re unsure which approach is right for your audience, opting in is always the safest path.