August 14, 2022

Volume XII, Number 226

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August 12, 2022

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August 11, 2022

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FTC Seeks Input on Proposed EnergyGuide Labeling Rule Updates

In keeping with its 5-year schedule for comparability range updates to the Energy Labeling Rule (Rule), the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking on May 25, 2022, seeking to revise the Rule to require EnergyGuide labels to update comparability range information on EnergyGuide labels for televisions, refrigerators and freezers, dishwashers, water heaters, room air conditioners (ranges only), clothes washers, furnaces, and pool heaters.

The Rule requires manufacturers to affix EnergyGuide labels to many consumer products and prohibits retailers from removing the labels or making them illegible. EnergyGuide labels must contain three disclosures: a product’s estimated annual energy cost, its energy consumption or energy efficiency rating as determined by Department of Energy (DOE) test procedures, and a comparability range that shows the highest and lowest energy costs or efficiency ratings for all similar models. The FTC periodically updates comparability range and annual energy cost information based on current manufacturer data, pursuant to the Rule. The FTC is now proposing two amendments to the Rule: revising the average energy cost figures based on the national average cost figures published by the DOE and clarifying that manufacturers must use current DOE requirements to determine capacity for room air conditioners.

Manufacturers must display the updated information on product labels 90 days from publication of the final Notice announcing updated ranges for specific products. Manufacturers of room air conditioners will have until October 1, 2022, to give them time to change their packaging to include the updated labels and to coincide with the effective date of EnergyGuide labels for portable air conditioners.

The vote to approve publication of the Notice of Rulemaking in the Federal Register was 3-1. Commissioner Christine S. Wilson dissented, arguing that while the proposed revisions to the Rule are necessary, the Commission “fail(s) to take the opportunity to revisit the Rule’s highly prescriptive requirements,” including the detailed label requirements illustrated in the Notice.

Comments are due by July 11, 2022.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 187
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About this Author

Sheila Millar, Keller Heckman, advertising lawyer, privacy attorney
Partner

Sheila A. Millar counsels corporate and association clients on advertising, privacy, product safety, and other public policy and regulatory compliance issues.

Ms. Millar advises clients on an array of advertising and marketing issues.  She represents clients in legislative, rulemaking and self-regulatory actions, advises on claims, and assists in developing and evaluating substantiation for claims. She also has extensive experience in privacy, data security and cybersecurity matters.  She helps clients develop website and app privacy policies,...

202-434-4646
Jean-Cyril Walker, Keller Heckman, Environmental Compliance Lawyer, Renewable Fuel Standards Attorney
Partner

Jean-Cyril Walker joined Keller and Heckman in 2000. He advises clients on a wide range of environmental matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances. Mr. Walker counsels fuel industry clients on federal and state requirements governing the development and distribution of fuels and fuel additives, including the renewable fuel standards (RFS and RFS2), and matters involving renewable fuel identification number (RIN) transactions. Mr. Walker regularly advises industry and trade...

202-434-4181
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