Disqualification Procedures
ENERGY STAR® Products
Last updated: February 28, 2018
Basis for Product Disqualifications:
1. Testing Failures – Product disqualifications are the result of performance testing
failures under ENERGY STAR Verification Testing or U.S. Department of Energy(DOE) Appliance Testing.
2. Product Non-Conformity – In a small number of cases, testing is unnecessary as abasis for product disqualification. Examples include a discrepancy with productcategorization, and when a product’s marketed use is inconsistent with the intended
qualifying use.
Determining Disqualifications:

1. U.S. Environmental Protection Agency (EPA) notification by Certification Body (CB) CBs are required to report testing failures to EPA within 2 days of determining atesting failure. Upon EPA's review of the information, EPA may determine that aproduct with a testing failure does not warrant disqualification for reasons such as,
CB administrative error, lab administrative error, partner administrative error, or a deminimis performance deviation. In such cases, EPA may decide that no further action
will be taken.
2. Brand Owner Partner Notice and Opportunity for Dispute - When EPA believes aproduct may warrant disqualification, the EPA will notify the brand owner at the email
address provided by the brand owner and provide 20 days for a written response. Thatresponse may include the submission of additional relevant information to EPA, andshould be submitted as a “dispute” if challenging the product’s pending
disqualification. Where applicable, EPA will consult with DOE regarding theappropriate application of test methods. EPA will review submitted information fromthe brand owner and determine if any additional product testing and/or analysis isnecessary. EPA will provide time necessary to resolve questions of potential noncompliance when a brand owner acts in good faith and as deemed necessary by EPA.
3. EPA will make a final determination of product status and inform the brand owner ofits decision.
4. Additional Appeal Opportunity for Brand Owner – When EPA notifies a brand ownerat the conclusion of a dispute review that a product will be disqualified, the brandowner may immediately notify EPA of a decision to appeal that determination. EPA
will consider new information at that time, or conduct a more detailed examination oftesting, where warranted.
Case Management:

1. All matters for which EPA notifies a brand owner of a testing failure are assigned acase number.
2. Brand owner partners, component suppliers and other involved parties are
asked to reference the case number in communications with EPA.
3. A case tracking sheet is developed and maintained to document each case.

February 2018

1

Brand Owner Product Control Measures:
Brand owners are provided a standard format for submitting product control measuresfor disqualified products and provided 20 days from time of notification to submit them.
In all instances, where a product has been disqualified, the brand owner is required, ata minimum, to:

Immediately cease shipment of units displaying the ENERGY STAR label;
Immediately cease labeling associated units as ENERGY STAR;
Remove ENERGY STAR references from related marketing materials, spec sheets
and websites; andCover or remove labels on units within the brand owner’s control.

Additional measures may be required for certain cases. The following factors are considered
in developing such requirements:Consumer investment;
Last date of product manufacture;
Last date of shipment;
Quantity of units produced;
Estimated sell-through period of product type;
Scope and depth of product distribution; andPreventative measures adopted.

Product control measures are based on and apply to the model number of the disqualified
product. Where a product has been modified after initial certification but not recertified with a
new model number, control measures apply to all units with that model number, irrespectiveof product modifications that may have occurred during the period in which it was a certified
product.
In no circumstances may a new ENERGY STAR product be recertified using the model
number of a previously disqualified product.
A failure to submit thorough and timely product control measures may affectpartnership benefits.
Stakeholder Notification:

1. Qualified Product List update - When a determination to disqualify is made, EPA
directs the associated CB to withdraw ENERGY STAR certification for the model(s).

2. ENERGY STAR Integrity Webpage update – Once the product has been removed
from the ENERGY STAR Qualified Products List, EPA posts the model on its list ofdisqualified products on the ENERGY STAR Program Integrity webpage. Thiswebpage provides consumers and utilities with information regarding models that nolonger meet product standards.
3. Utilities Notification – On a biweekly basis, those utilities that have opted forFebruary 20182

regular product disqualification updates receive notice of product categories
affected by disqualifications during that period.
Compliance Monitoring:As part of its broader effort to ensure proper use of the ENERGY STAR logo, EPA supports anumber of initiatives that help ensure the label is effectively removed from disqualifiedproducts.
1. Retail Store-Level Assessment (RSL) – The RSL project involves a broad market
review of retail-shelf products on a regular basis in major retailers throughout the U.S.
to identify products improperly labeled as ENERGY STAR, including any disqualified
models that continue to be advertised or labeled as ENERGY STAR products.
2. Disqualified Products Online Assessment – The online assessment identifies
products disqualified from ENERGY STAR that remained labeled as ENERGYSTAR on brand owner and retailer websites in an effort to monitor compliance withproduct control seasures that brand owner partners submit when products are
disqualified.
3. Customs Port Inspections – ENERGY STAR works closely with U.S. Customs to
support the examination and seizure of disqualified products labeled as ENERGY STAR
arriving in U.S. ports.
As a federal trademark owner, EPA reserves the right to adjust or modify these procedures asappropriate.

February 20183