1 

[Billing Code: 6750-01S] 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084-AB15 

Energy Labeling Rule

AGENCY: Federal Trade Commission. 

ACTION: Advance notice of proposed rulemaking. 

SUMMARY: The Federal Trade Commission (FTC or Commission) seeks public comment on 

potential amendments to the Energy Labeling Rule (Rule), including energy labels for several 

new consumer product categories, and other possible amendments to improve the Rule’s 

effectiveness, and reduce unnecessary burdens. 

DATES: Comments must be received on or before [INSERT DATE 60 DAYS AFTER DATE 

OF PUBLICATION IN THE FEDERAL REGISTER]. 

ADDRESSES: Interested parties may file a comment online or on paper, by following the 

instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION

section below. Write “Energy Labeling Rule (16 CFR Part 305) (Matter No. R611004)” on your 

comment, and file your comment online at https://www.regulations.gov/, by following the 

instructions on the web-based form. If you prefer to file your comment on paper, mail your 

comment to the following address: Federal Trade Commission, Office of the Secretary, Room 

H-113 (Annex J ), 600 Pennsylvania Avenue, NW, Washington, DC 20580, or deliver your 

comment to the following address: Federal Trade Commission, Office of the Secretary, 
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Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 

20024. 

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 

Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 

600 Pennsylvania Avenue, NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION:

I. Overview 

The Commission seeks comment on amendments to its existing Energy Labeling Rule at 

16 CFR Part 305. As discussed below, the Commission specifically seeks comment on whether 

it should add new consumer product categories to the labeling program, increase the availability 

of online labels and other energy information, and streamline existing requirements. The 

Commission also seeks comment on whether any Rule changes are necessary to ensure the 

Rule’s labeling provisions are consistent with current consumer shopping behavior. Finally, the 

Notice seeks comment on whether the Commission should amend the Rule to: (1) modify its 

label content and format, (2) require links to online Lighting Facts labels consistent with current 

EnergyGuide requirements, (3) update the electricity cost figure on the Lighting Facts and 

ceiling fan labels, (4) update the refrigerator and clothes washer labels to remove dated 

information about test procedures, and (5) ensure the Rule’s consistency with DOE requirements. 

II. Background 

The Commission issued the Energy Labeling Rule in 1979,1

 pursuant to the Energy 

1

 44 FR 66466 (Nov. 19, 1979). 
3 

Policy and Conservation Act of 1975 (EPCA).2 The Rule requires energy labeling for major 

home appliances and other consumer products to help consumers compare the energy usage and 

costs of competing models. It also contains labeling requirements for refrigerators, 

refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room and portable air 

conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting 

products, ceiling fans, and televisions. 

The Rule requires manufacturers to attach yellow EnergyGuide labels to many covered 

products, and prohibits retailers from removing these labels or rendering them illegible. In 

addition, it directs sellers, including retailers, to post label information on websites and in paper 

catalogs from which consumers can order products. EnergyGuide labels for most covered 

products contain three main disclosures: estimated annual energy cost, a product’s energy 

consumption or energy efficiency rating as determined by DOE test procedures, and a 

comparability range displaying the highest and lowest energy costs or efficiency ratings for all 

similar models. The Rule requires marketers to use national average costs for applicable energy 

sources (e.g., electricity, natural gas, or oil), as calculated by DOE in all cost calculations. Under 

the Rule, the Commission periodically updates comparability range and annual energy cost 

information based on manufacturer data submitted pursuant to the Rule’s reporting 

requirements.3

 

2

 42 U.S.C. 6294. EPCA also requires the Department of Energy (DOE) to develop test 

procedures that measure how much energy appliances use, and to determine the representative 

average cost a consumer pays for different types of energy. 

3

 16 CFR 305.12. 
4 

III. Potential Rule Improvements 

 A. Potential Labels for New Product Categories 

 The Commission seeks comment on whether to add several new product categories to the 

energy labeling program. Under EPCA, FTC has broad authority to require energy labels for 

consumer products. Specifically, in addition to products named in the statute or designated by 

DOE under that agency’s authority, FTC may require labels pursuant to 42 U.S.C. 6292(a)(6) for 

any consumer product as long as a label “is likely to assist consumers in making purchasing 

decisions.”4

 The Commission seeks comment on potential new labels for (1) the product 

categories listed below, and (2) any other consumer products that may be appropriate for energy 

labels. The Commission has not made any final determination regarding whether energy labels 

are warranted for any of the products discussed below at III.A.2. 

 In considering the product types listed below or other potential products, commenters 

should address any issues relevant to whether the Commission should require labeling for 

specific product categories. Typically, energy labels are most likely to help consumers when the 

underlying products use a substantial amount of energy and exhibit a range of annual energy 

costs across competing similar models. In addition to requiring energy use figures, the 

Commission has authority to require disclosures of additional information relating to energy 

consumption, including instructions for maintenance, use, or repair. 42 U.S.C. 6294(c)(5). If no 

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 42 U.S.C. 6294(a)(6); see 42 U.S.C. 6291(1) (defining “consumer product”). For additional 

FTC labeling authority, see 42 U.S.C. 6292(a)(1)-(5). For new product categories that DOE 

classifies as “covered” pursuant to 42 U.S.C. 6292(b), the FTC may prescribe labeling under 42 

U.S.C. 6294(a)(3) if (1) the Commission determines labeling will assist purchasers in making 

purchasing decisions, (2) DOE has prescribed test procedures for the product class, and (3) the 

Commission concludes labeling for the class is economically and technologically feasible. 
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DOE test procedure exists for a particular product type, commenters should address whether 

competent and reliable test procedures exist that will yield adequate, consistent estimated energy 

use disclosures on the labels. 

1. Questions About New Labels 

The Commission invites commenters to provide information and views on the following 

issues for the products listed below, as well as any other consumer products that may warrant 

energy labels. Where appropriate, commenters should provide evidence to support their views: 

- Whether labels will assist consumers in their purchasing decisions, and why; 

- The typical energy use and energy efficiency of various models on the market; 

- Whether, and how, potential market changes will affect label benefits (e.g., 

expected changes in future models); 

- The annual energy costs differences between similarly sized or otherwise 

competing models for each product category; 

- What, if any, test procedures are or will likely be available to measure the 

estimated annual energy costs (or another useful energy metric) for the product category; 

- What, if any, particular labeling burdens would apply to these products that are 

larger or different from currently labeled products; 

- Any estimates (e.g., hours per year) for consumers’ typical annual use of the 

product (i.e., “duty cycle”) that can provide a basis for an annual energy cost estimate; 

- Whether and how the energy use varies among similarly sized (or otherwise 

competing) models; 

- Typical methods by which these products are sold (e.g., in retail stores packed in 
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boxes, in stores displayed out of the boxes, online, through professional installers, etc.); 

- How consumers typically shop (i.e., make purchasing decisions) for the products, 

and whether they shop online, in stores, or through some other means (e.g., discussions at home 

with installers); 

- What, if any, subgroupings are appropriate for product categories by size, 

configuration, fuel used, or type (please provide specific information); 

- Whether and why range information would be useful on the label and, if so, 

whether such range data is available; 

- Whether and why labels for the product should appear on boxes, the products 

themselves, or through some other location or means; 

- Any particular burdens associated with labeling specific product categories; and 

- Whether the labels should provide any other available information about those 

products relevant to their energy consumption and consumer use. 

2. List of Potential New Product Categories 

Clothes Dryers: EPCA designates clothes dryers as covered products in 42 U.S.C. 6292. 

In 1979, the Commission declined to require labels for clothes dryers after finding models on the 

market had a limited range of energy use.5

 In 2014, the Commission reconsidered clothes dryer 

labels, and again declined to require them, concluding that dryer information continued to 

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 44 FR at 66469. Under EPCA, the Commission must prescribe labels for dryers unless it finds 

labeling would not be technologically or economically feasible. 42 U.S.C. 6294(a)(1). In 

initially promulgating the Rule in 1979, the Commission, after examining the statute and 

statutory history, concluded “that Congress[‘s] intent was to permit the exclusion of any product 

category, if the Commission found that the costs of the labeling program would substantially 

outweigh any potential benefits to consumers.” 44 FR at 66467–68. 
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suggest that model efficiency varied little across available models.6 However, the Commission 

recognized that electric dryers using emerging heat pump technology had lower annual energy 

costs compared to conventional models. At that time, few, if any, such models were available in 

the U.S. Now, however, heat pump models appear to be more prevalent. For example, the U.S. 

Environmental Protection Agency (EPA) ENERGY STAR website (www.energy.gov) lists 

about two dozen heat pump models as qualifying under that program. This current data suggests 

the Commission should revisit requiring labels for clothes dryers. 

Air Cleaners (“Air Purifiers”): Air purifiers use significant amounts of energy and 

exhibit a substantial range of energy use. In addition, in January 2022, DOE published a Request 

for Information on possible test procedures and conservation standards for these products.7

 In 

July 2022, DOE determined that that consumer air cleaners qualify as a “covered product” under 

EPCA.8 Furthermore, the ENERGY STAR program covers room air cleaners and requires 

participating manufacturers to test the operating mode power of their models using 

“ANSI/AHAM AC-1-2015: Method of Measuring the Performance of Portable Household 

Electric Room Air Measurement of Operating Power Cleaners.” Recent data compiled by the 

ENERGY STAR program shows models rated for room sizes between 150 and 299 square feet 

range in annual energy use from about 50 kWh/yr to 360 kWh/yr, resulting in an estimated 

annual energy cost difference of more than $30 per year in energy costs (assuming $0.14/kWh).9

 

6

 79 FR 34642, 34659 (June 18, 2014). 

7

 87 FR 3702 (Jan. 26, 2022). In March 2022, DOE reopened the comment period. 87 FR 11326 

(Mar. 1, 2022).

8

 87 FR 42297 (July 15, 2022). 

9 See, e.g., https://www.energystar.gov/productfinder/product/certified-room-air-cleaners/results. 

EPCA does not include air cleaners in its list of covered products, but the Commission has 

authority under 42 U.S.C. 6294(a)(3) to require labeling if DOE designates them as “covered 
8 

Finally, media reports suggest there are ongoing concerns in the market about the 

consistency of advertised flow rate or capacity claims (e.g., recommended room sizes).10 FTC 

labeling requirements mandating specific test procedure requirements would ensure consumers 

have uniform information about competing models. 

Miscellaneous Refrigerator Products: DOE has designated miscellaneous refrigerators 

(MREFs) as covered products under EPCA. The category includes coolers (e.g., wine chillers) 

and combination cooler refrigeration products (i.e., products with warm and cool compartments). 

Within this category, some similarly sized models appear to exhibit a significant range of energy 

use. For example, recent DOE data indicates freestanding compact cooler models between 3 and 

7 cubic feet range in annual energy use between about 100 to 205 kWh/yr.11 DOE currently has 

test procedures and standards for these products.12 

Additional Lamps (Light Bulbs): The Rule does not currently require labels for all types 

of lower-brightness lamps (i.e., light bulbs). However, these products can consume a significant 

amount of energy. Specifically, the current coverage does not include lamps lower than 310 

lumens and 30 watts. This leaves certain lamp types, particularly 25-watt incandescent bulbs, 

products.” 42 U.S.C. 6292. Additionally, regardless of DOE’s efforts, the Commission has 

authority to require labels for room air cleaners pursuant to its general labeling authority under 

42 U.S.C. 6294(a)(6) if it determines that labeling “is likely to assist consumers in making 

purchasing decisions.” 

10 See, e.g., https://www.allergybuyersclub.com/learning/air-filter-seven-sins.html and 

https://www.bobvila.com/articles/best-air-purifier-for-smoke/. 

11 See DOE Compliance Certification Management System, 

https://www.regulations.doe.gov/ccms.

12 Pursuant 42 U.S.C. 6294(a)(3), the Commission has authority to require labels on MREFs that 

DOE designates as covered products pursuant to 42 U.S.C. 6292(b). DOE issued final test 

procedures and standards for MREFs in 2016. 81 FR 46768 (July 18, 2016) (test procedure); 81 

FR 75194 (Oct. 28, 2016) (standards); see also 79 FR 78736, 78737 (Dec. 31, 2014) (FTC 

request for comments following proposed DOE test procedure). 
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uncovered. A single such incandescent bulb can cost consumers more than $3 per year in 

electricity costs, which can add up if multiple bulbs are used in a home. The LED equivalent for 

such bulbs, however, has an annual energy cost of about 50 cents. These products are not 

currently covered by DOE standards. However, the FTC has authority to require labeling for 

them under 42 U.S.C. 6294(a)(6). In addition to the general questions listed above, commenters 

should address whether the Commission should amend the Rule’s coverage to include such 

lower brightness bulbs or any other lighting products (e.g., full color “tunable” lamps with 

adjustable color and CCT).13 

Residential Ice Makers: Consumers can purchase residential icemakers in various 

configurations, including portable, non-portable, uncooled storage, and non-portable, cooled 

storage units. Residential models generally produce fewer than 50 pounds of ice per hour. There 

are currently no DOE standards or test procedure requirements specifically for these models. 

DOE tested these products in 2014, and found tested models used significant energy. The DOE 

data also suggested a significant range of energy consumption may exist among models offered 

in the market.14 Although DOE developed and applied a test procedure for ice makers for 

research purposes, it ultimately did not publish a test procedure for these products. 

In addition to the general questions listed above, the Commission seeks comment on 

which capacity categories should apply to consumer (residential) models for labeling purposes, 

13 In the past, the Commission has looked beyond DOE’s specific lamp definitions, which 

generally cover products subject to DOE’s efficiency standards, to include products designated 

as “specialty consumer lamps” using its general labeling authority at 42 U.S.C. 6294(a)(6). 80 

FR 67285 (Nov. 2, 2015). 

14 See Preliminary Technical Support Document EERE-2011-BT-STD-0043-0024, Section 7.2.3 

and Table 7.2.4, DOE, https://beta.regulations.gov/document/EERE-2011-BT-STD-0043-0024. 
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and whether DOE’s test procedure for commercial icemakers can be used as a basis for 

EnergyGuide labels for residential models. 

Humidifiers: Consumers use residential humidifiers, including portable and whole-house 

devices, either to increase or maintain the humidity levels in all or parts of the home or to ease 

illness symptoms.15 There are currently no DOE standards or test procedures for these products. 

A 2012 EPA ENERGY STAR report suggested differences in energy consumption among 

competing humidifiers, particularly for whole-house models.16 The report also stated there is 

“very little, if any, correlation between humidification capacity (in square feet) and watt rating.” 

The report concluded, by choosing energy-efficient humidifiers, consumers could collectively 

save an estimated 3.4 terawatts of electricity over the lifetime of these products, equating to 

nearly $400,000,000. However, the report indicated there was no standard test procedure for 

measuring the energy consumption of portable models. 

Miscellaneous Gas Products (“Hearth Products”): In February 2022, DOE tentatively 

determined that miscellaneous gas products, which are comprised of decorative hearths and 

outdoor heaters, qualify as covered products under EPCA.17 These products include fireplaces, 

fire pits, and other similar products that have decorative purposes, but can also provide heat. 

DOE proposed to define “decorative hearth product” as gas-fired appliances that: simulate a 

solid-fueled fireplace or present a flame pattern; include products designed for indoor and/or 

15 See 42 U.S.C. 6294(a)(6) (general labeling authority). For dehumidifiers, EPCA contains a 

specific prohibition for an “Energy Guide” label requirement. 42 U.S.C. 6294(a)(5)(c). 

16 ENERGY STAR Market & Industry Scoping Report Residential Humidifiers October 2012. 

https://www.energystar.gov/sites/default/files/asset/document/ENERGY_STAR_Scoping_Report_

Residential_Humidifiers.pdf. 17 87 FR 6786 (Feb. 7, 2022).
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outdoor use; are not designed to be operated with a thermostat; are not designed to provide space 

heating to the indoor space in which they are installed; and are not designed to provide heat 

proximate to the unit. DOE estimates indicate that these products can consume substantial 

energy.18 In addition to the general questions above, the Commission requests comment on 

whether the Commission should consider labeling for related products outside of DOE’s current 

proposal (e.g., electric models) and whether test procedures are or are likely to be available for 

such products.19 

Cooking Tops: EPCA lists “kitchen ranges and ovens” as covered products.20 In 1979, 

the Commission decided not to require labels for cooking tops, as well as ranges and ovens, 

citing the small variability of energy use between models.21 More recent information from DOE, 

however, suggests the Commission should revisit the issue. Specifically, DOE research found 

that energy consumption for gas cooking top models may vary significantly depending on burner 

and grate design. DOE also noted energy consumption among similar electric cooking top 

models can vary depending on whether the product employs induction or resistance heating or 

18 For example, DOE estimated the calculated per household weighted average ignition energy of 

use of outdoor heaters to be 0.7 MMBtu/yr and the weighted burner energy use to be 2.2 

MMBtu/yr, for total outdoor heater household energy use of 2.9 MMBtu/yr (859 kWh/yr), and 

estimated the weighted average (indoor and outdoor products) per-household energy use of a 

miscellaneous gas product to be 4.1 MMBtu/yr (1,211 kWh/yr). 87 FR at 6792. DOE also 

discussed these general issues in 2013. 78 FR 79638, 79640 (Dec. 31, 2013). There is currently 

no DOE test procedure for these products. 

19 The Commission also seeks comment on whether the Rule should contain any affirmative 

energy disclosures or labels for furnace fans, which are components of products already labeled 

under the Rule. See 79 FR 38129 (July 3, 2014) (DOE standards for furnace fans). 

20 42 U.S.C. 6292(a)(10). 

21 44 FR 66466, 66469 (Nov. 19, 1979) (“Since the substantial costs of a labeling requirement 

would not produce corresponding consumer benefits, the Commission has determined that 

labeling of kitchen ranges and ovens would not be economically feasible.”). 
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has smooth or coil elements.22 

In August 2020, DOE withdrew its test procedure for these products,23 citing concerns 

about whether the procedure yielded representative results for average use.24 In February 2021, 

DOE listed the cooking products test procedure withdrawal as one of thirteen rulemakings the 

agency would reconsider pursuant to Executive Order 13990.25 In July 2022, DOE 

reestablished a test procedure for conventional cooking tops.26 

In addition to questions regarding whether labeling cooking tops would help consumers 

in their purchasing decisions, the Commission seeks comment on whether there is an alternative 

test procedure the agency could use for EnergyGuide labels. 

Electric Spas: In February 2022, DOE published a tentative determination that portable 

electric spas qualify as a covered product under EPCA and followed up with a final coverage 

determination in September 2022.27 DOE estimated more than 3 million households in the U.S. 

operate portable electric spas regularly, using approximately and an estimated average energy 

consumption of 1,699 kWh per year per household (~$238/yr). 

B. Matching Label Format and Location to Consumer Shopping Patterns 

 The Commission also seeks comment on whether any Rule changes are necessary to 

ensure current labeling requirements are consistent with current consumer shopping behavior. 

22 81 FR 60784, 60800-60802 (Sept. 2, 2016). 

23 85 FR 50757 (Aug. 18, 2020). 

24 In December 2020, DOE also sought comments on revised standards for these products. 85 

FR 80982 (Dec. 14, 2020). 

25 See https://www.energy.gov/sites/prod/files/2021/02/f82/eere_eo13990_memo_1.pdf. 26 See https://www.energy.gov/sites/default/files/2022-07/cookingproducts-tp-fr.pdf; 86 FR 

60974 (Nov. 4, 2021) (results of round robin testing). 

27 87 FR 8745 (Feb. 16, 2022); 87 FR 54123 (Sept. 2, 2022). 
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For several product categories (e.g., refrigerators, clothes washers, dishwashers, and televisions), 

the Rule currently requires manufacturers to affix labels to units themselves. However, of the 

millions of units produced each year, only a tiny fraction are actually displayed on a showroom 

floor. For products typically displayed in packaging (e.g., room air conditioners, lighting, ceiling 

fans, and lighting products), the Rule requires manufacturers to incorporate the label on the 

packaging. For products sold online, the Rule requires retail sellers to include label information 

on product pages. To aid retailers with this function, manufacturers must make their 

EnergyGuide labels available on a website and report that website to the FTC, which they can do 

via the DOE Compliance Certification Management System (CCMS). 

 Under EPCA, the Commission must “require that each covered product in the type or 

class of covered products to which the rule applies bear a label” disclosing energy use 

information. 42 U.S.C. 6294(c)(1). However, EPCA provides flexibility for the Commission to 

determine the placement of labels in a manner likely to assist consumers in making purchasing 

decisions.28 In addition, the statute gives FTC authority to require retailers to provide labels and 

other disclosures for consumers, both on websites and in stores.29 

28 42 U.S.C. 6294(c)(3) (“A rule under this section shall require that the label be displayed in a 

manner that the Commission determines is likely to assist consumers in making purchasing 

decisions and is appropriate to carry out this part.”). 

29 EPCA authorizes the Commission to prescribe labeling rules under this section applicable to 

all covered products, including rules governing label disclosures at the point of sale. See 42 

U.S.C. 6294(c)(3) and (c)(4) (“(4) A rule under this section applicable to a covered product may 

require disclosure, in any printed matter displayed or distributed at the point of sale of such 

product, of any information which may be required under this section to be disclosed on the label 

of such product”); see also 42 U.S.C. 6298 (authorizing the Commission to issue rules it “deems 

necessary to carry out” the law’s provisions). The Rule already contains affirmative obligations 

for retailers to display labels to customers for particular product categories. See, e.g., 16 CFR 

305.22(b)(2)(ii) (requiring retailers to show consumers the labels for covered central air 

conditioners, heat pumps, or furnaces prior to purchase); 16 CFR 305.26 (requiring retailers to 
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Pursuant to this authority, the Commission seeks comment on whether it should amend 

the current approach in light of contemporary retail and consumer practices. Specifically, the 

Commission solicits comments on alternatives to the current “showroom-ready” approach. Such 

changes could include requiring retailers to affix showroom labels (provided by the 

manufacturer) for the small number of units that are displayed, allowing manufacturers to 

include labels on or in product packaging (e.g., on product boxes, literature packs, instruction 

manuals, and through QR codes) in lieu of affixing labels separately to every unit itself, and/or 

requiring retailers to provide label information in some other method or location. The 

Commission additionally requests any recent research or data demonstrating when and where 

consumers typically make purchasing decisions for the types of products covered by the Rule. 

Examples of relevant information include: 

- What percentage of consumers rely solely on showroom visits to obtain 

information about their purchases, particularly for products that currently bear a label directly on 

the unit (e.g., refrigerators)? 

- What percentage of consumers research and compare models online before their 

purchases? 

- Should the Commission eliminate requirements for manufacturers to place labels 

directly on products typically displayed in showrooms (e.g., refrigerators, clothes washers, 

dishwashers, and televisions), and require manufacturers to provide the labels with the product in 

a different way (e.g., on packaging, instruction manuals, or literature bags)? 

make written disclosures at point-of-sale). In 2014, the Commission sought comment on 

whether it should require retailers to affix labels on units they display in their showrooms. 79 FR 

34642, 34658 (June 18, 2014).
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- Should the Rule require retailers to display the EnergyGuide label for those 

individual units they choose to display out of packages in their showrooms? 

C. Repair Instructions 

The Commission also seeks comment on potential requirements related to repair 

instructions. Under EPCA (42 USC 6294(c)(5)), the Commission has authority to require 

manufacturers to provide consumers with “additional information relating to energy 

consumption, including instructions for the maintenance, use, or repair of the covered product” if 

the Commission finds such information would assist with purchase decisions or in the use of the 

product, and would not be unduly burdensome to manufacturers. The Commission seeks 

comment on whether, for any product covered, the Rule should require manufacturers to provide 

consumers with access to repair instructions (with updates). Specifically, comments should 

address whether lack of access to repair instructions for covered products is an existing problem 

for consumers; whether providing such information would assist consumers in their purchasing 

decisions or product use; whether providing such information would be unduly burdensome to 

manufacturers; and any other relevant issues. 

D. General Label Content and Format Requirements 

The Commission also seeks comment on whether it should consider changes to the 

Rule’s label content and format requirements. Specifically, commenters should consider: 

- Are there any prescriptive requirements (e.g., type size and style, label size, number 

of picas, paper weight, and label attachment provisions) in the Rule that are 

unnecessarily burdensome? If so, would elimination of such requirements create 

inconsistencies in the label appearance that would reduce consumer confidence in the 
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label, or reduce its utility and use? 

- Are there any improvements the Commission could make to the content of the 

information on labels (or other locations such as product manuals or websites) to help 

consumers with their purchasing decisions?30 

- Is there a role that QR codes may play in conveying useful information to consumers? 

- Are there any improvements to the format, size, or layout of the labels that would 

help consumers with their purchasing decisions? 

E. Requiring Links to Online Lighting Facts Labels 

 The Commission also seeks comment on whether the Rule should require lamp 

manufacturers to include information regarding their Lighting Facts labels with their data reports 

required by the DOE. The Rule already requires manufacturers of other covered consumer 

products to provide a website address linking to their EnergyGuide labels as part of their 

required data reports, which manufacturers submit through the DOE reporting system.31 The 

Commission did not extend this requirement to Lighting Facts labels in 2016 given appropriation 

restrictions at the time placed on DOE spending related to light bulbs. Instead, the Commission 

stated it would revisit the issue at “a later date should circumstances warrant.”32 The DOE 

prohibition no longer exists. Accordingly, the Commission seeks comment on applying the 

requirements in section 305.11(a)(5) to Lighting Facts labels. 

F. Updating Cost Figures for Lighting Facts and Ceiling Fan Labels 

30 See, e.g., National Propane Gas Association recent comments related to full-fuel cycle 

impacts. FTC-2022-0032-0007 (Jul. 11, 2022) (https://www.regulations.gov/comment/FTC2022-0032-0007). 

31 81 FR 63634 (Sept. 15, 2016); 16 CFR 305.11 (FTC reporting requirements). 

32 81 FR at 63636. 
17 

 The Commission also seeks comment on whether it should update the electricity cost 

disclosure on the Lighting Facts and ceiling fan labels to reflect recent DOE national estimates. 

Currently, the Lighting Facts label uses 11 cents per kWh, while the ceiling fan label uses 12 

cents. The current (2022) DOE national estimate for electricity (rounded) is 14 cents per kWh.33

The Commission seeks comment on whether it should update these numbers and, if so, when the 

change should become effective to allow manufacturers to incorporate such changes into routine 

package updates and thus minimize any burden associated with such changes. 

G. Phasing Out Transitional Language for Refrigerator and Clothes Washer 

Labels 

The Commission also seeks comment on whether it should phase out language on 

refrigerator and clothes washer labels that the Commission added in 2013 to help distinguish 

models tested with the current DOE procedure from those tested with an older version.34 This 

language, which advises consumers to “Compare ONLY to other labels with yellow numbers,” is 

now obsolete and crowds the label with irrelevant information. The Commission seeks comment 

on when and how to smoothly transition back to the conventional label. 

H. Consistency with DOE Requirements 

 The Commission also seeks comment on whether any changes or updates are necessary 

to the Rule’s requirements (e.g., definitions, product coverage, capacity descriptions, etc.) to 

ensure consistency, where necessary, with DOE requirements. 

G. Bilingual Label Guidance 

33 87 FR 12681 (Mar. 7, 2022). 

34 78 FR 43974 (July 23, 2013). 
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 The Rule at 16 CFR 305.23(b)(6) and 16 CFR 305.23(c)(4) currently offers guidance to 

manufacturers who choose to use bilingual labels for Lighting Facts, including guidance on label 

content and format. Should the Rule offer similar guidance on bilingual labels for the other 

consumer products covered by the Rule? Are there other improvements that could be made to 

the Rule that would help non-English speaking or multilingual consumers with their purchasing 

decisions? 

IV. Comment Submissions 

You can file a comment online or on paper. For the FTC to consider your comment, we 

must receive it on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN 

THE FEDERAL REGISTER]. Write “Energy Labeling Rule (16 CFR Part 305) (Matter No. 

R611004)” on your comment. Because of the public health emergency in response to the 

COVID-19 outbreak and the agency’s heightened security screening, postal mail addressed to the 

Commission will be subject to delay. As a result, we strongly encourage you to submit your 

comments online through the https://www.regulations.gov website. To ensure that the 

Commission considers your online comment, please follow the instructions on the web-based 

form. Your comment—including your name and your state—will be placed on the public record 

of this proceeding, including the https://www.regulations.gov website. As a matter of discretion, 

the Commission tries to remove individuals’ home contact information from comments before 

placing them on the regulations.gov site. 

 If you file your comment on paper, write “Energy Labeling Rule (16 CFR Part 305) 

(Matter No. R611004)” on your comment and on the envelope, and mail it to the following 

address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue, NW, 
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Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following 

address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th 

Street, SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your 

paper comment to the Commission by courier or overnight service. 

 Because your comment will be placed on the publicly accessible website at 

www.regulations.gov, you are solely responsible for making sure that your comment does not 

include any sensitive or confidential information. In particular, your comment should not 

include any sensitive personal information, such as your or anyone else’s Social Security 

number; date of birth; driver’s license number or other state identification number, or foreign 

country equivalent; passport number; financial account number; or credit or debit card number. 

You are also solely responsible for making sure that your comment does not include any 

sensitive health information, such as medical records or other individually identifiable health 

information. In addition, your comment should not include any “trade secret or any commercial 

or financial information which . . . is privileged or confidential”—as provided by Section 6(f) of 

the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—including in 

particular competitively sensitive information such as costs, sales statistics, inventories, 

formulas, patterns, devices, manufacturing processes, or customer names. 

Comments containing material for which confidential treatment is requested must be filed 

in paper form, must be clearly labeled “Confidential,” and must comply with FTC Rule 4.9(c), 

16 CFR 4.9(c). In particular, the written request for confidential treatment that accompanies the 

comment must include the factual and legal basis for the request, and must identify the specific 

portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your 
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comment will be kept confidential only if the General Counsel grants your request in accordance 

with the law and the public interest. Once your comment has been posted publicly at 

www.regulations.gov, we cannot redact or remove your comment unless you submit a 

confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), 

and the General Counsel grants that request. 

 The FTC Act and other laws that the Commission administers permit the collection of 

public comments to consider and use in this proceeding as appropriate. The Commission will 

consider all timely and responsive public comments that it receives on or before [INSERT DATE 

60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. For 

information on the Commission’s privacy policy, including routine uses permitted by the Privacy 

Act, see https://www.ftc.gov/site-information/privacy-policy. 

By direction of the Commission. 

April J. Tabor 

Secretary.