HOUSE FILE 2077

BY  ISENHART

A BILL FOR

An Act subjecting the sale of appliances or other products labeled as energy star certified but meeting outdated certification specifications to consumer fraud provisions and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.16, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  o.  It is an unlawful practice for a person to sell or advertise for sale an appliance or product identified or labeled as having achieved energy star certification unless the appliance or product meets the most recently revised specifications established for the designation of such certification. For the purposes of this paragraph, “energy star certification” means meeting energy efficiency standards and guidelines pursuant to the energy star program developed and jointly administered by the United States environmental protection agency and the United States department of energy. Appliances or products meeting previously applicable or outdated certification specifications shall have energy star identification or labeling removed prior to sale. 
EXPLANATION
   This bill provides that it is an unlawful practice under consumer fraud provisions contained in Code section 714.16 for a person to sell or advertise for sale an appliance or product identified or labeled as having achieved energy star certification unless the appliance or product meets the most recently revised specifications established for the designation of such certification. The bill defines “energy star certification”. The bill provides that appliances or products meeting previously applicable or outdated certification specifications shall have energy star identification or labeling removed prior to sale, as that term is defined in Code section 714.16.
   A violation of consumer fraud provisions under Code section 714.16, subsection 2, is punishable by a civil penalty of up to $40,000 per violation and a civil penalty of up to $5,000 for each day of intentional violation of a temporary restraining order, preliminary injunction, or permanent injunction.