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FTC RIN: 3084-AB40 Publication ID: Fall 2019 
Title: Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation 
Abstract:

The Federal Trade Commission's (FTC) Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation (or Rule) became effective on September 29, 1980. The Rule is designed to assist consumers in evaluating and comparing the thermal performance characteristics of competing home insulation products by specifically requiring manufacturers of home insulation products to provide information about the product's degree of resistance to the flow of heat (R-Value). The Rule also establishes uniform standards for testing, information disclosure, and substantiation of product performance claims.

As part of the systematic review of its rules and guides, the Commission requested comments on April 6, 2016, on, among other things, the economic impact of and the continuing need for this rule; possible conflicts between the Rule and State, local, and other Federal laws; and the effect on the Rule of any technological, economic, or other industry changes. 81 FR 19936. The extended comment period closed on September 6, 2016. A Notice of Proposed Rulemaking (NPRM) was published on January 22, 2018 (83 FR 2934). Based on comments received, the Commission proposed amendments that would exempt space-constrained advertisements from required energy savings claims disclosures, clarify that commercial products sold for residential use are subject to the Rule, require R-value claims for non-insulation products to be substantiated by the Rule’s American Society for Testing Materials (ASTM) standards (commonly used tests for measuring R-value), update the Rule’s references to ASTM test procedures and revise Rule provisions for updating those tests, add information to fact sheets about the importance of air sealing and proper insulation installation, and direct online retailers to post labels and fact sheets for covered insulation products sold directly to consumers. The NPRM’s comment period closed on March 23, 2018. On October 28, 2018, the Commission concluded its regulatory review and announced amendments that reduce the regulation’s burden, clarify its requirements, and make it easier for the FTC to take action against deceptive R-value claims for non-insulation products. Specifically, the amendments clarify the Rule’s coverage, improve Fact Sheet disclosures, require certain test methods to substantiate R-value claims for non-insulation products, update the test procedures incorporated into the Rule, and exempt certain disclosures for limited format advertising. The amendments will be effective on May 13, 2020.

 

 
Agency: Federal Trade Commission(FTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Independent agency 
CFR Citation: 16 CFR 460   
Legal Authority: 15 U.S.C. 41 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Rule Review, Request for Public Comments  04/06/2016  81 FR 19936   
Rule Review Comment Period Extended  06/03/2016  81 FR 35661   
Rule Review Extended Comment Period Closed  09/06/2016 
NPRM  01/22/2018  83 FR 2934   
NPRM Comment Period Closed  03/23/2018 
Final Rule  05/13/2019  84 FR 20777   
Final Rule Effective Date  05/13/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.ftc.gov/news-events/press-releases/2018/10/ftc-approves-final-amendments-its-r-value-rule-home-insulation  
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 3084-AA60 
Agency Contact:
Hampton Newsome
Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone:202 326-2889
Email: hnewsome@ftc.gov