Dubious Marketing

Replies to This Discussion

Permalink Reply by Robert Riversong on October 4, 2012 at 10:23am

Glen,

The radiant barrier industry has long been guilty of misrepresentation from its inception and often flagrantly violates the FTC R-value Rule. The Rule applies equally to professional installers as to manufacturers and retailers, so it's important not to be misled and put these false claims on your own website or advertising.

In the late 1970s, exaggerated claims by insulation marketers were so common that the U.S. Congress passed a consumer-protection law specifically addressing R-value scams. Although false marketing claims were already illegal, Congress concluded that R-value scams were so rampant and damaging to consumers that the industry needed targeted regulation.

Since 1979, the Federal R-Value Rule (16 CFR Part 460, “Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation”) has regulated how insulation manufacturers, distributors, and installers test, label, and market residential insulation products. Under the law, all claims concerning the R-value of residential insulation must be based on certain listed ASTM test procedures.

The R-value is a measure of unit thermal resistance used in the building and construction industry. Under uniform conditions it is the ratio of the temperature difference across an insulator and the heat flux (heat flow per unit area) through it. It measures a combination of all heat flux mechanisms, including conductive, internal convective and internal radiant.

 

Hampton Newsome, FTC attorney, December 13, 2004:

"The FTC's Rule for Labeling and Advertising of Home Insulation ("R-value" Rule) (16 C.F.R. Part 460) applies to sellers of residential insulation. The Rule states that R-values given on labels, fact sheets, ads, or other promotional material must be based on uniform R-value test procedures that measure thermal performance under "steady-state" (i.e. static) conditions. Section 460.5 of the Rule specifies the tests manufacturers must use for their insulation products, including specific tests for reflective insulations (see 16 C.F.R. § 460.5(b), (c) & (d)). Manufacturers and others who sell home insulation must disclose each products' R-value and related information (e.g. thickness, coverage area per package) on package labels and manufacturer's fact sheets. In addition, the Rule requires that specific disclosures be made: (1) by professional installers and new home sellers on receipts or contracts; and (2) by manufacturers, professional installers, and retailers in advertising and other promotional materials (including those on the internet) that contain R-value, price, thickness, or energy-saving claim or compare one type of insulation to another. Finally, manufacturers and other sellers must have a "reasonable basis" for any energy-saving claims they make for their insulation products."

"The FTC's R-value Rule covers reflective insulations and radiant barrier products. The Rule requires that industry members use specific test procedures for measuring the R-value of reflective insulations with single and multiple sheets. R-value claims are not appropriate for radiant barrier products, however, because no generally accepted test procedure exists to determine their R-value. Sellers who nevertheless make energy-savings claims for radiant barrier insulations must have a reasonable basis for the claims under section 460.19(a) of the Rule."

• ▶ Reply