On February 2, 2024, the Federal Trade Commission (FTC) proposed a new rulemaking expanding the longstanding Energy Labeling Rule to new product categories.
The Energy Policy and Conservation Act of 1975 authorizes FTC to establish energy consumption labeling requirements for certain classes of consumer products like refrigerators, dishwashers, and air conditioners. FTC has broad discretion as to the contents of those labels, so long as the label is "economically feasible," and is "likely to assist consumers in making purchasing decisions."
FTC has proposed expanding these energy efficiency labeling requirements to a number of new products, including air purifiers and clothes driers, and proposed some modifications to existing labeling requirements. However, FTC has broadly refused to propose amending existing labels to add information about GHG emissions, and has similarly refused proposals by natural gas industry associations to add a "Full Fuel Cycle" energy label that compares lifecycle emissions between products using different categories of fuels. FTC justifies these refusals by arguing that (1) it is unclear whether this technical information is useful to consumers, and (2) this analysis depends heavily on power grid composition, which may change significantly. FTC invites comment on whether it should develop online consumer resources that contain such information to complement consumer labeling requirements.
FTC is accepting comments on the proposed rule until April 2, 2024.