Assume that Omega is a reporting company eligible to use form S-3 for its offerings and, unless otherwise stated, is neither an emerging growth company nor a well-known seasoned issuer. The registration statement was filed on May 1 and became effective July 1.

4-27.

On April 15, just a couple of weeks before Omega was planning to file a registration statement for an offering of common shares, the public relations staff preparing a brochure highlighting the company's Rapid development and innovation products for distribution of the financial media. Copies would also be distributed to lawyers, accountants, and investment advisers, and two other localities were Omega's name is likely to be recognized. The brochure indicates that omega intends to make a public offering in the near future and include estimates of its future production capacity as a result of the forthcoming offer. The brochure does not include any statement disavowing an offer an offer of a security. Is Omega in violation of section 5 of the security act?