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1.7.7 Energy Efficiency Ratings

For the appliances that it applies to, federal law explicitly preempts any state law that requires disclosure of energy use, energy efficiency, or water use other than the information required by federal law.358 A claim that a manufacturer’s federal disclosure was false is not preempted, however.359

The statute also provides that any disclosures that it requires do not create implied or express warranties.360 However, as the Energy Star program is voluntary, an Energy Star label is not a “required” disclosure, and this statutory provision does not bar the label from creating a warranty.361 Similar issues regarding gasoline consumption disclosures for vehicles required by the Environmental Protection Agency (EPA) are discussed in §§ 1.7.5.4, supra, and 3.2.2.3, infra.

Footnotes

  • 358 {326} 42 U.S.C. § 6297(a).

  • 359 {327} Jurgensen v. Felix Storch, Inc., 2012 WL 2354247 (S.D.N.Y. June 14, 2012) (claims of unjust enrichment, intentional misrepresentation, fraudulent concealment, negligent misrepresentation, and consumer fraud are not preempted). See also Dzielak v. Whirlpool Corp., 120 F. Supp. 3d 409 (D.N.J. 2015) (EPA’s failure to order manufacturer to give refunds to consumers after EPA concluded they were falsely labeled as Energy Star compliant does not preempt consumers’ suit for compensation). See generally § 2.2.7, infra (whether other federal regulation precludes Magnuson-Moss claim).

  • 360 {328} 42 U.S.C. § 6297(g). See Jurgensen v. Felix Storch, Inc., 2012 WL 2354247 (S.D.N.Y. June 14, 2012) (statute bars claim that false statement regarding energy usage was breach of an implied warranty).

  • 361 {329} Avram v. Samsung Electronics Am., Inc., 81 U.C.C. Rep. Serv. 2d 48 (D.N.J. 2013). See also § 3.2.2.5, infra (whether labels create warranties).