U.S. Rep. Bob Latta (R-OH) earlier this month sponsored bipartisan, pro-consumer legislation that would close a gap in federal law that he says threatens the voluntary participation of manufacturers in the government’s Energy Star energy-efficient labeling program.
The Energy Star Program Integrity Act, H.R. 2104, which Rep. Latta introduced on April 4, would clarify that no express or implied warranty is provided by reason of a disclosure relating to voluntary participation in the Energy Star program, according to the text of the bill.
“My bipartisan legislation ensures that the Energy Star program will operate as intended by maintaining robust, voluntary participation by manufacturers,” Rep. Latta said on Monday.
“Ultimately, it’s the consumers and environment that win when the marketplace contains a wide selection of energy-efficient products to choose from.”
The Energy Star program, created in 1992 and overseen by the Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE), permits manufacturers to obtain Energy Star labeling for their products if specific energy-saving guidelines are met.
“Consumers, manufacturers and the environment have all benefited from the popular Energy Star program,” said Rep. Latta. “The success of this program relies on voluntary participation by manufacturers with the understanding that many consumers are seeking energy-efficient products.”
Currently, the program allows DOE to perform off-the-shelf testing of products to ensure they meet established standards, the lawmaker said, adding that if a product fails, it is disqualified and the EPA tries to determine if compensation is warranted for consumers.
Despite the program’s effectiveness, Rep. Latta said that a gap in the law has emerged that would allow the pursuit of private litigation against manufacturers if a product falls out of compliance.
He called it a threat that could cause manufacturers to rethink their participation in the program.
If enacted, H.R. 2104 would codify the consumer protections in place within the EPA oversight process and clarify that manufacturers are not subject to private claims filed after a product is disqualified.