[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR305.13]

[Page 267-268]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
 PART 305_RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION 
 
Sec. 305.13  Promotional material displayed or distributed at point 
of sale.

    (a)(1) Any manufacturer, distributor, retailer or private labeler 
who prepares printed material for display or distribution at point of 
sale concerning a covered product (except fluorescent lamp ballasts, 
general service fluorescent lamps, medium base compact fluorescent 
lamps, or general service incandescent lamps including incandescent 
reflector lamps, showerheads, faucets, water closets or urinals) shall 
clearly and conspicuously include in such printed material the following 
required disclosure:

    Before purchasing this appliance, read important information about 
its estimated annual energy consumption or energy efficiency rating that 
is available from your retailer.

    (2) Any manufacturer, distributor, retailer or private labeler who 
prepares printed material for display or distribution at point of sale 
concerning a covered product that is a fluorescent

[[Page 268]]

lamp ballast to which standards are applicable under section 325 of the 
Act, shall disclose conspicuously in such printed material, in each 
description of such fluorescent lamp ballast, an encircled capital 
letter ``E''.
    (3) Any manufacturer, distributer, retailer, or private labeler who 
prepares printed material for display or distribution at point of sale 
concerning a covered product that is a general service fluorescent lamp, 
medium base compact fluorescent lamp, or general service incandescent 
lamp (including an incandescent reflector lamp), and who makes any 
representation in such promotional material regarding the cost of 
operation of such lamp shall clearly and conspicuously disclose in close 
proximity to such representation the assumptions upon which it is based, 
including, e.g., purchase price, unit cost of electricity, hours of use, 
and patterns of use.
    (4) Any manufacturer, distributor, retailer, or private labeler who 
prepares printed material for display or distribution at point-of-sale 
concerning a covered product that is a showerhead, faucet, water closet, 
or urinal shall clearly and conspicuously include in such printed 
material the product's water use, expressed in gallons and liters per 
minute (gpm and L/min) or per cycle (gpc and L/cycle) or gallons and 
liters per flush (gpf and Lpf) as specified in Sec. 305.11(f).
    (b) This section shall not apply to:
    (1) Written warranties.
    (2) Use and care manuals, installation instructions, or other 
printed material containing primarily post-purchase information for the 
purchaser.
    (3) Printed material containing only the identification of a covered 
product, pricing information and/or non-energy related representations 
concerning that product.
    (4) Any printed material distributed prior to the effective date 
listed in Sec. 305.4(e).

[59 FR 34036, July 1, 1994, as amended at 59 FR 67530, Dec. 29, 1994; 60 
FR 14211, Mar. 16, 1995]