Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC seeks public comment on proposed changes to Fuel Economy Guide, (May 31, 2016)

By Michael Menzhuber, J.D., LL.M.

The Federal Trade Commission (FTC) is seeking public comment on proposed changes to the Fuel Economy Guide (formerly, the “Guide Concerning Fuel Economy Advertising for New Automobiles”), which helps advertisers to avoid making unfair and deceptive claims, the agency has announced.

In 2014, the FTC sought public comment on potential updates to the Fuel Economy Guide to reflect: (1) current Environmental Protection Agency (EPA) fuel economy labeling rules; (2) possible changes to current guidance on miles-per-gallon claims; and (3) the need for guidance on alternative fuel claims.

In response to comments received and research on consumer perceptions of certain fuel economy claims, the FTC recommends continuing to advise advertisers to disclose EPA mileage estimates whenever they make general fuel economy claims and to avoid mileage ratings claims that fail to specify the type of rating (city, highway, or combined).

With respect to alternative-fueled vehicles, the proposed Fuel Economy Guide advises advertisers to disclose EPA mandated driving results whenever they make general driving range claims (such as, “will go so far on a single charge”), and include EPA fuel economy estimates for both gasoline and alternative fuel operation when making a fuel economy claim about a vehicle’s flexible fuel capacity.

Public comments must be received by August 8, 2016. “Fuel Economy Guide Amendments R711008” must be written on all comments. Online comments can be filed here by following the web-based form instructions. To file a paper comment, “Fuel Economy Guide Amendments R711008” must be written on the envelope and the comment must be mailed to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex B), Washington, DC 20580.

News: ConsumerProtection FederalTradeCommissionNews