Building product manufacturers and service providers may be marking or advertising their goods and services in a manner that the California Energy Commission finds improper and could lead to sanctions, including monetary fines.
In a Regulatory Advisory titled “Improper “Title 24 Compliant” Labeling and Advertising,” the CEC explains what the Commission considers the potential improper labeling or advertising of products or services as “Title 24 Compliant” or “Title 24 Certified.” In support for the Commission’s position on what is considered impermissible labeling and advertising, the Regulatory Advisory cites California Business and Professions Code and specific provisions of the Standards.
The Regulatory Advisory warns that “[p]roducts can be advertised in ways that comply with the law if the language used is accurate and specific to the Title 24….” The Regulatory Advisory provides examples of language and emblems that it considers appropriate, such as an emblem with the phrase “Can be used to comply with 2016 Title 24 Part 6 Cool Roof requirements.”
The Regulatory Advisory expresses concerns that a product being used to comply with the Standards “may not necessarily meet all the requirements in Title 24, so advertising should not make broad statements about Title 24 requirements.”In citing to possible improper activities, the Commission suggests improper use of its self-certification program should be avoided: “The Energy Commission does not certify products.Rather manufacturers are certifying that their products meet specific requirements.”
Ellison Schneider Harris & Donlan attorneys can help clients navigate California’s and the Energy Commission’s advertising and marketing requirements and assist with other Building Energy Efficiency Standards compliance questions. For more information contact Jeffrey D. Harris, jdh(at)eslawfirm.com, or Chase K. Maxwell, ckm(at)eslawfirm.com.
