|
|
Close Help | ||||||||||||||
|
|
|
Close Help | ||||||||||||||
Federal Trade Commission
Protecting America's ConsumersThis booklet summarizes the lamp labeling requirements of the Appliance Labeling Rule (the Rule) to help you comply with the package labeling, catalog, and point-of-sale disclosure rules for general service incandescent lamps (reflector and non-reflector), medium screw base compact fluorescent lamps, and general service fluorescent lamps. The booklet answers commonly-asked questions and includes the lamp labeling requirements.
The explanations in this publication refer to the cited sections of the Rule. You will find additional information in the statement of basis and purpose for the Rule, 59 Fed. Reg. 34014 (1994). The lamp labeling requirements were mandated by the Energy Policy Act of 1992 amendments to the Energy Policy and Conservation Act of 1975, 42 U.S.C. 6201, 6291-6309. Although the Rule became effective May 15, 1995, the FTC delayed enforcement for incandescent lamps until December 1, 1995.
The Rule requires that packaging for three types of lamps — general service incandescent (including both reflector and regular light bulbs), medium screw base compact fluorescent, and general service fluorescent — include specific information to help consumers buy the most energy-efficient lamps for their needs. The Rule also requires the manufacturers, distributors, and retailers of these products to include certain disclosures in catalogs consumers use to order the products, and in certain point-of-sale written materials.
The Rule applies to those who:
Section 305.3(k)-(m) of the Rule refers to the following covered products or covered lamp products.
For purposes of the Rule, the term general service incandescent lamps includes: (1) nonreflector incandescent lamps (including tungsten-halogen lamps) that have a rated wattage of 30 or higher, an E26 medium screw base, and a rated voltage or voltage range at least partially within 115 and 130 volts; and (2) reflector lamps (other than colored lamps or those designed for rough or vibration service applications) that contain an inner reflective coating on the outer bulb to direct the light, an R, PAR, or similar bulb shape (excluding ER or BR), a rated wattage of 40 or higher, an E26 medium screw base, a rated voltage or voltage range at least partially within 115 and 130 volts, and a diameter exceeding 2.75 inches. See section 305.3(m)(2)-(3) of the Rule for the specialty-type incandescent lamps that are excluded from the Rule.
See section 305.3(k)(2)-(3) of the Rule for the kinds of fluorescent lamps that are excluded from the Rule.
Section 305.11(e) of the Rule defines the labeling requirements. All disclosures must be made clearly and conspicuously, but no type size or style is prescribed for the required information. See Appendix L of the attached Rule for examples of acceptable label formats.
The terms light output, energy used, and life must be used and must appear in that order and with equal clarity and conspicuousness. In addition,
For incandescent lamps that operate with multiple filaments, the light output and wattage at each level of operation and the lamp’s life, measured on the basis of the filament that fails first, must be disclosed. These disclosures must be based on the operation of the lamp at 120 volts, regardless of the lamp’s design voltage. If the lamp’s design voltage is not 120 volts, each disclosure of light output, wattage, and life must be followed by the words at 120 volts.The following statement also must appear on the principal display panel of the package:
To save energy costs, find the bulbs with the light output you need, then choose the one with the lowest watts.
The required disclosures for general service incandescent lamps must be on package labels of medium screw base compact fluorescent lamps as well.For these products, light output must be measured at a base-up position. If the manufacturer or private labeler believes that the light output at a base-down position would be more than five percent different, the light output at the base-down position also must be stated on the label. If no test data for the base-down position exist, the fact that the light output might be more than 5 percent different at a base-down position must be stated.
To save energy costs, find the bulbs with the [beam spread and] light output you need, then choose the one with the lowest watts.
The label for incandescent reflector
lamps must contain the capital letter "E"
printed within a circle, followed by an asterisk (*) and
this statement
:* 
means this bulb
meets Federal minimum efficiency standards. If that
statement is not made on the principal display panel, the
asterisk must be followed by this statement:
*See [back, top, side] panel for details.
* means this bulb
meets Federal minimum efficiency standards.If that statement is not made on the
principal display panel, the asterisk must be followed by
this statement:
*See [back, top, side] panel for
details.If a manufacturer or private labeler
does not package or put labels on general service
fluorescent lamps, these disclosure requirements can be
met by permanently marking the lamp with the .
The must appear in
color-contrasting ink and it must appear in a typeface as
large as either the manufacturer’s name or logo or
another logo disclosed on the label, such as the UL,
CBM, or ETL logos.
It is not necessary for the labels for general service fluorescent lamps to include the disclosures that are required on labels for incandescent and compact fluorescent lamps.
Section 305.11(e)(4) of the Rule requires the following statement on cartons of covered lamp products that are shipped within or imported into the U.S.:
These lamps comply with Federal energy efficiency labeling requirements.
Section 305.13(a)(3) of the Rule includes additional requirements for manufacturers, private labelers, importers, distributors, or retailers who prepare printed material for display or distribution at the point of sale.If a representation is made about the cost to operate a covered lamp, information must be provided about how the figure was determined. This information may include purchase price, unit cost of electricity, hours of use, and patterns of use. These disclosures must be clear and conspicuous on the printed material near the representation about the cost of operation.
Section 305.14(c) of the Rule details the disclosure requirements for lamp products sold through catalogs; section 305.2(m) defines catalog. Each page of a catalog that lists a covered compact fluorescent lamp or general service incandescent lamp (reflector and non-reflector) must include all the information required on the package label — except the number of units in the package. This includes the disclosures of light output, energy used, life, and the design voltage, if it is other than 120 volts. The following information must comply with the format provisions of section 305.11(e)(1)(ii):
The disclosures do not have to comply with these format requirements if the catalog is not distributed to consumers who are making purchases for personal use.
- The
- If the catalog contains representations about the cost to operate a covered lamp product, it must provide information about how the cost was determined. This information may include purchase price, unit cost of electricity, hours of use, and patterns of use. These disclosures must be made clearly and conspicuously and must be placed close to the operating cost representation.
Manufacturers or private labelers must test samples of their products as the basis for the required disclosures, using certain procedures. Section 305.5(b) of the Rule details the testing requirements.The following disclosures must be supported by competent and reliable scientific tests:
. The Rule does not require the use of specific test procedures, but section 305.5(b) lists certain test protocols that the FTC will accept.You must use competent and reliable scientific sampling procedures to choose samples for testing. The sampling requirements for selecting test specimens are included in section 305.6(b) of the Rule.
Section 305.15(a) requires that manufacturers and private labelers keep records for two years after production of the specific lamp product has ended. These records must show a reasonable basis — consisting of competent and reliable scientific tests — for the accuracy of the required disclosures on labels and in catalogs.
Section 305.15(b) requires that a manufacturer or private labeler submit to the Commission, within 30 days of a request from the Commission, the test data supporting the required disclosures.
Section 305.16 requires that, if the FTC requests, a manufacturer of a covered product must supply up to two models of each lamp product to a laboratory chosen by the FTC to determine whether the disclosures comply with applicable standards. The FTC will pay for this testing. This process would occur only after the FTC examined the supporting test data provided by the manufacturer, as required by section 305.15, and after the manufacturer has had a chance to replicate test results.
The following questions and answers may help you comply with the Rule:
Q: Does the Rule require that the disclosures be made on labels in a specific type size or print style?
A: No. The Rule does not specify type size or style of print for
the required disclosures. However, it does require that the information be disclosed
clearly and conspicuously, in a certain order, and according to a specific relative size
relationship. For general service fluorescent lamps, the Rule has two additional
requirements. First, the must appear on the label in color-contrasting ink. Second, it must appear in a typeface at
least as large as the largest logo on the label, whether it’s the manufacturer’s
name or logo or another logo, such as the UL, CBM, or ETL logos.
Q: Where must the disclosures appear on the product package?
A: The basic disclosures must appear on the principal display panel — the main location for information on the product package. However, certain disclosures may be made on a side or back panel if that location is noted clearly and conspicuously on the principal display panel.
Q: Does the Rule require that the disclosures on the package be included inside a lined box or boxes on the principal display panel, as shown in the illustrations in the Rule?
A: No. The illustrations included in the Rule, which show the disclosures inside lined boxes, are just examples of permissible disclosure formats.
Q: Does the Rule permit the listing of the lamp’s lumens, watts, or hours on the principal display panel in addition to the required "side-by-side" or "in the specified order" disclosures?
A: Yes. If the manufacturer includes the required disclosures of light output (in lumens), energy used (in watts), and life (in hours) on the principal display panel in the order and manner required by section 305.11(e) of the Rule, the manufacturer may include one or more additional disclosures of any of those individual items on the principal display panel, or on other panels of the package. The additional disclosures need not be accompanied by all other required items each time they appear. However, the additional disclosures must appear as clearly and conspicuously as the required or principal disclosures. Whether they are made clearly and conspicuously is a factual question that will depend on factors such as if the separate disclosures are made in the same type style and size as the required disclosures, the print background colors, and the number of times the separate disclosures appear.
Q: Does the required disclosure of the apply to compact fluorescent lamps?
A: No. The disclosure
applies only to lamp products for which there are Federal minimum energy efficiency
standards: specified general service fluorescent lamps and incandescent reflector lamps.
Q: May a manufacturer of private labeler add information on the product label about light output, energy used, or life of an incandescent lamp at a design voltage other than 120 volts?
A: Yes. The Rule requires manufacturers and private labelers of incandescent lamps to disclose light output, energy used, and life of the lamp when it is operated at 120 volts, regardless of the lamp’s design voltage. However, manufacturers and private labelers may include the additional disclosures of the lamp’s light output, energy used, and life when it is operated at a design voltage of 125 volts or 130 volts. These additional disclosures must include the voltage at which they apply (for example, Light Output 1710 Lumens at 125 volts), and they may appear on any panel of the package. If they appear on the principal display panel, the manufacturer or private labeler may make the required disclosures for operation of the lamp at 120 volts on a side or back panel. However, this option imposes the following requirements:
This product is designed for [125/130] volts. When used on the normal line voltage of 120 volts, the light output and energy efficiency are noticeably reduced. See [side/back] panel for 120 volt ratings.
Q: Does the Rule require disclosures in advertisements?
A: The Rule requires disclosures on labels and catalogs, and on point-of-sale materials that make cost of operation claims. The Rule does not require disclosures in advertisements and other promotional material. However, if an ad refers to the energy used or the efficiency of a lamp product for which the Department of Energy has prescribed a test procedure under section 323 of the Energy Policy and Conservation Act, the ad would be considered a violation of section 5(a)(1) of the FTC Act (unfair or deceptive act or practice) unless the advertised product has been tested properly and unless the ad fairly discloses the test results. Section 305.4(d) of the Rule states the requirements for advertising claims about energy use or efficiency.
Q: Must manufacturers include the disclosures required by the Rule on labels of lamp products that are distributed and sold only to others who repackage the lamps with other products (such as a desk lamp fixture) for resale to consumers or other users?
A: No. The Rule requires labeling on packaging only for covered lamp products that are distributed and sold to consumers or other users alone or in multiple unit packages of lamp products.
Q: Must manufacturers or other sellers of products that include a lamp product — such as desk lamp fixtures — include the disclosures required by the Rule on labels of such products?
A: No. The purpose of the Rule is to provide consumers with prepurchase information on certain bulbs and tubes so they can compare them and select the most energy efficient one that meets their needs. Consumers can use the disclosures on lamp product packages when they select replacement lamp products for desk lamp fixtures or other products.
Q: Must manufacturers of covered lamps conduct substantiation testing every time they change components, production procedures or methods?
A: Yes, if the change is likely to affect the lamp’s light output, wattage, or life. For example, if a manufacturer starts using a different ballast in its compact fluorescent lamp, the resulting lamp would be a new product. The manufacturer would be required to have and rely on a reasonable basis, consisting of competent and reliable scientific tests, to substantiate the required disclosures for the new lamp product.
Q: Who should I contact if I suspect non-compliance with the FTC’s lamp labeling requirements, false or misleading claims, or fraudulent activity regarding the sale of lamp products?
A:
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair practices in the marketplace and to provide information to businesses to help them comply with the law. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency's responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or go to www.sba.gov/ombudsman.
