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Concurring Statement of Commissioner Christine S. Wilson

Advance Notice of Proposed Rulemaking to Energy Labeling Rule

October 14, 2022

Seventh time’s a charm.

Today the Commission issues an Advance Notice of Proposed Rulemaking (ANPR) seeking 

comment on possible revisions to the Energy Labeling Rule. Specifically, the Notice asks 

whether the Commission should add consumer products to the labeling program, whether the 

label location and other requirements should be updated to reflect current shopping patterns, and 

whether the label content should be revised to reduce unnecessary burdens. The Notice also 

addresses issues related to reporting and refrigerator labels.

Since 2018, I have urged the Commission to seek comment on the more prescriptive aspects of 

this Rule.1 The Commission has a statutory mandate to issue a labeling Rule. I strongly believe, 

however, that this mandate does not require the Rule to include the highly detailed and 

prescriptive requirements in the current Rule. For example, the Rule specifies the trim size 

dimensions for labels, including the precise width (between 5 1/4” to 5 1/2”) and length (between 

7 3/8” and 7 5/8”); the number of picas for the copy set (between 27 and 29); the type style 

(Arial) and setting; the weight of the paper stock on which the labels are printed (not less than 58 

pounds per 500 sheets or equivalent); and a suggested minimum peel adhesive capacity of 12 

ounces per square inch.

1 See Dissenting Statement of Commissioner Christine S. Wilson on the Notice of Proposed Rulemaking: Energy 

Labeling Rule (Dec. 10, 2018) (expressing my view that the Commission should seek comment on the prescriptive 

labeling requirements), https://www.ftc.gov/public-statements/2018/12/dissenting-statement-commissionerchristine-s-wilson-notice-proposed; Dissenting Statement of Commissioner Christine S. Wilson on the Notice of 

Proposed Rulemaking: Energy Labeling Rule (Oct. 22, 2019) (urging the Commission to seek comment on the 

labeling requirements), 

https://www.ftc.gov/system/files/documents/public_statements/1551786/r611004_wilson_dissent_energy_labeling_r

ule.pdf; Concurring Statement of Commissioner Christine S. Wilson on the Notice of Proposed Rulemaking: Energy 

Labeling Rule (Mar. 20, 2020) (commending the Commission decision to seek comment on some of the more 

prescriptive rule requirements), 

https://www.ftc.gov/system/files/documents/public_statements/1569815/r611004_wilson_statement_energy_labelin 

g.pdf; Dissenting Statement of Commissioner Christine S. Wilson on the Notice of Proposed Rulemaking: Energy 

Labeling Rule (Dec. 22, 2020) (dissenting due to the Commission’s decision not to make changes to the Rule

requirements in response to the March 2020 Notice), 

https://www.ftc.gov/system/files/documents/public_statements/1585242/commission_wilson_dissenting_statement_

energy_labeling_rule_final12-22-2020revd2.pdf; Dissenting Statement of Commissioner Christine S. Wilson on the 

Notice of Amendments to the Energy Labeling Rule (Oct. 6, 2021) (urging again seeking comment on the rule 

requirements), 

https://www.ftc.gov/system/files/documents/public_statements/1597166/commission_wilson_dissenting_statement_

energy_labeling_rule_2021-10-04_final.pdf.; Dissenting Statement of Commissioner Christine S. Wilson on the 

Notice of Proposed Rulemaking to the Energy Labeling Rule (May 11, 2022) (encouraging the Commission to seek 

comment on the more prescriptive requirements of the Rule), 

https://www.ftc.gov/system/files/ftc_gov/pdf/Commission%20Wilson%20Dissenting%20Statement%20Energy%20

Labeling%20Rule%205.11.22%20FINAL.pdf
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In 2020, the Commission sought comment on some of these prescriptive provisions and received 

some helpful and thoughtful comments. Unfortunately, the Commission did not make changes 

based on those comments but instead chose to make only required conforming changes at that 

time.

2 I applaud the decision today to seek comment on the Rule more broadly, to ask 

specifically about these highly prescriptive requirements, and to consider making changes to 

streamline the Rule. I look forward to reviewing the comments.

2 See Dissenting Statement of Commissioner Christine S. Wilson on the Notice of Proposed Rulemaking: Energy 

Labeling Rule (Dec. 22, 2020) (dissenting due to the Commission’s decision not to make changes to the Rule 

requirements in response to the March 2020 Notice), 

https://www.ftc.gov/system/files/documents/public_statements/1585242/commission_wilson_dissenting_statement_

energy_labeling_rule_final12-22-2020revd2.pdf.