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FTC Gives Energy Labeling Rule a Facelift

By Jean-Cyril Walker & Sheila Millar on November 13, 2019
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The Federal Trade Commission (FTC)’s Energy Labeling Rule has a new look. Following a public comment period, the FTC issued amendments to the Energy Labeling Rule that reorganize the Rule’s product descriptions and categories to make them clearer and simpler for stakeholders to understand and apply. But the FTC’s changes are cosmetic – the agency made no substantive changes to the Rule.

The Rule requires manufacturers to attach yellow EnergyGuide labels to many home appliances and electrical products and prohibits retailers from removing these labels or rendering them illegible. It also directs sellers to post label information on websites and in paper catalogs.

The amendments divide the covered products list into four different groups organized by general product category to make it easier for stakeholders to identify relevant covered products, particularly for categories that contain different product types and exemptions, such as lighting. They also separate labeling requirements into seven sections: one for general layout and formatting requirements and six additional sections containing stand-alone label content requirements for refrigerator products, clothes washers, dishwashers, water heaters, room air conditioners, and pool heaters. Finally, the amendments remove obsolete references and correct minor errors.

The Commission approved publication of the final amendments by a vote of 4-1. Commissioner Christine S. Wilson issued a dissent in which she argued that some of the requirements in the amended Rule were unnecessarily exacting, and that the Commission should consider conducting “a comprehensive review of this Rule with a deregulatory mindset.”

The changes become effective on November 29, 2019.

Photo of Jean-Cyril Walker Jean-Cyril Walker

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery…

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery Act and state analogues. Mr. Walker regularly advises industry and trade association clients on regulations of hazardous air pollutants under the federal Clean Air Act (CAA) and state and local air pollution statutes, as well as emissions of volatile organic compounds (VOCs) in adhesives, paints, and other industrial and consumer products.

Mr. Walker also regularly advises clients on product safety issues. This includes assessing compliance with the Federal Hazardous Substances Act (FHSA), other Consumer Product Safety Commission (CPSC) requirements, and state consumer product requirements.

Additionally, Mr. Walker counsels a broad range of industries on compliance with the U.S. Energy Policy and Conservation Act and California’s energy efficiency regulations. Representative clients include manufacturers and distributors of: consumer appliances; commercial refrigeration equipment; heating, ventilation and air conditioning equipment; and computers and consumer electronic devices.

In addition to compliance advice, Mr. Walker regularly represents clients in actions brought by the U.S. Environmental Protection Agency, the Department of Energy, the Federal Trade Commission (FTC), and other Federal and state agencies.

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Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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  • Posted in:
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  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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