Antitrust Law Daily Wrap Up, ADVERTISING NEWS: FTC updates Energy Labeling Rule, (Sep 6, 2016)

By Greg Hammond, J.D.

The FTC has issued final amendments to the Energy Labeling Rule to improve access to energy labels online and improve labels for refrigerators, ceiling fans, central air conditioners, and water heaters.

The Rule requires manufacturers to attach yellow EnergyGuide labels on many products and prohibits retailers from removing the labels or rendering them illegible. The labels contain three key disclosures: (1) estimated annual energy cost; (2) a product’s energy consumption or energy efficiency rating as determined from the Department of Energy test procedures; and (3) a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models.

The final rule contains amendments for an online label database (label image reporting), revised ceiling fan labels, new refrigerator comparability range information, dual-mode refrigerator labeling, revised central air conditioner labels, and revised water heater labels.

In a separate notice, the FTC is seeking comments on issues concerning recent Department of Energy regulatory actions or new issues raised by commenters in response to the Commission’s November 2, 2015, Notice of Proposed Rulemaking. The proposed changes involve portable air conditioner labeling, large-diameter and high-speed small-diameter ceiling fan labels, electric instantaneous water heater labeling, and plumbing disclosures.

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