100.21 Substantiation of energy savings or safety claims.
(1) Definitions. In this section:
(a) “Dwelling unit" means a dwelling, as defined under s. 101.61 (1), a modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily dwelling, as defined under s. 101.01 (8m).
(b) “Energy savings or safety claim" means an advertisement or representation that:
1. A product is safe or meets any standard or measure of safety; or
2. A product or a consumer product, as defined in s. 100.42 (1) (c):
a. Increases fuel or electrical efficiency;
b. Reduces heat loss;
c. Reduces relative consumption of or expenditures for fuel or electricity; or
d. Meets any standard or measure of performance under subd. 2. a. to c.
(c) “Insulation" means any material primarily designed to resist heat flow in a dwelling unit. “Insulation" does not include pipe or duct insulation except for duct wrap.
(d) “Motor vehicle" has the meaning provided under s. 340.01 (35).
(e) “Person" means any manufacturer, distributor, installer or seller of any product.
(f) “Product" means:
1. Insulation.
2. Any system or device used in or around a dwelling unit for the heating of space or water or the generation of electricity, including any attachment or additive to the system or device. “Product" does not include any system, device, attachment or additive included in the original construction of a dwelling unit or in the sale or transfer of a dwelling unit.
3. Any fuel additive, including any motor vehicle fuel additive.
4. Any article used in a motor vehicle to promote fuel efficiency. “Product" does not include any original part or equipment in a motor vehicle as sold by the manufacturer or a licensed dealer or any substantially identical replacement part or equipment for the motor vehicle.
(g) “`R' value" means the measure of resistance to heat flow through a material, computed as the reciprocal of the heat flow through a material expressed in British thermal units per hour per square foot per degree Fahrenheit at 75 degrees Fahrenheit mean temperature.
(2) Reasonable basis for claims.
(a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is an unfair method of competition and trade practice prohibited under s. 100.20.
(b) An energy savings or safety claim made by a person other than a manufacturer does not violate par. (a) if the person relies in good faith on written materials distributed by the manufacturer and if the claim is limited to the representations in the materials. Any energy savings or safety claim made by a person other than a manufacturer, after the person is notified that no reasonable and currently accepted scientific basis for the claim has been submitted, is a violation of par. (a).
(3) Substantiating the claim.
(a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. Failure to submit information requested under this subsection is a violation of sub. (2) (a).
(b) The department shall make available to any person any information submitted under this subsection unless protected from disclosure by state or federal law.
(4) Department powers.
(a) The department may, after public hearing, issue general or special orders under s. 100.20:
1. Prohibiting any energy savings or safety claim that violates sub. (2);
2. Regulating the manner in which the energy savings or safety claim is made, including requiring accompanying disclosures to prevent unfairness or deception;
3. Prescribing any test method or other reasonable criteria by which the adequacy of the basis for any energy savings or safety claim is determined; or
4. Requiring corrective advertising to correct a violation of sub. (2).
(c) The department shall cooperate with all other state agencies in the administration of this section, as provided in s. 20.901.
(6) Rule making. The department shall adopt rules that set standards which determine if a reasonable and currently accepted scientific basis exists for an energy savings or safety claim under sub. (2). Adoption of rules is not a prerequisite to enforcement of this section. To the extent feasible, the department shall incorporate nationally recognized standards into the rules.
History: 1979 c. 221; 1983 a. 27 s. 2200 (25); 1991 a. 269; 1995 a. 27; 1999 a. 53; 2007 a. 11; 2017 a. 331.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.01 - Produce wholesalers, unfair conduct, liability for damages.
100.02 - Commission merchants, duties, must account.
100.025 - Classification of dairy heifer calves.
100.04 - Livestock production contracts.
100.05 - Butter and cheese manufacturers; accounts accessible.
100.057 - Wisconsin cheese logotype.
100.07 - Milk payments; audits.
100.14 - Uniform labels and trademarks.
100.15 - Regulation of trading stamps.
100.16 - Selling with pretense of prize; in-pack chance promotion exception.
100.174 - Mail-order sales regulated.
100.175 - Dating service contracts.
100.177 - Fitness center and weight reduction center contracts.
100.178 - Fitness center staff requirements.
100.18 - Fraudulent representations.
100.182 - Fraudulent drug advertising.
100.183 - Fraud, advertising foods.
100.184 - Advertising foods for sale.
100.185 - Fraud, advertising musical performances.
100.186 - Linseed oil, white lead, zinc oxide, turpentine; standards; sale.
100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.
100.19 - Distribution methods and practices.
100.195 - Unfair billing for consumer goods or services.
100.197 - Patent notifications.
100.20 - Methods of competition and trade practices.
100.201 - Unfair trade practices in the dairy industry.
100.202 - Contracts in violation void.
100.203 - Vehicle protection product warranties.
100.205 - Motor vehicle rustproofing warranties.
100.206 - Music royalty collections; fair practices.
100.207 - Telecommunications services.
100.208 - Unfair trade practices in telecommunications.
100.209 - Video programming service subscriber rights.
100.2095 - Labeling of bedding.
100.21 - Substantiation of energy savings or safety claims.
100.22 - Discrimination in purchase of milk prohibited.
100.23 - Contract to market agricultural products; interference prohibited.
100.235 - Unfair trade practices in procurement of vegetable crops.
100.24 - Revocation of corporate authority.
100.261 - Consumer protection surcharge.
100.264 - Violations against elderly or disabled persons.
100.265 - List of gasohol and alternative fuel refueling facilities.
100.27 - Dry cell batteries containing mercury.
100.28 - Sale of cleaning agents and water conditioners containing phosphorus restricted.
100.285 - Reduction of toxics in packaging.
100.29 - Sale of nonrecyclable materials.
100.295 - Labeling of recycled, recyclable or degradable products.
100.297 - Plastic container recycled content.
100.305 - Prohibited selling practices during periods of abnormal economic disruption.
100.307 - Returns during emergency; prohibition.
100.31 - Unfair discrimination in drug pricing.
100.313 - Solicitation of a fee for providing a public record.
100.315 - Solicitation of contract using check or money order.
100.33 - Plastic container labeling.
100.335 - Child's containers containing bisphenol A.
100.36 - Frauds; substitute for butter; advertisement.
100.37 - Hazardous substances act.
100.383 - Antifreeze; bittering required.
100.43 - Packaging standards; poison prevention.
100.44 - Identification and notice of replacement part manufacturer.
100.45 - Mobile air conditioners.
100.46 - Energy consuming products.
100.47 - Sales of farm equipment.
100.48 - Hour meter tampering.
100.50 - Products containing or made with ozone-depleting substances.
100.51 - Motor fuel dealerships.
100.52 - Telephone solicitations.
100.525 - Telephone records; obtaining, selling, or receiving without consent.
100.53 - Vehicle rentals; title and registration fees.
100.54 - Access to credit reports.
100.545 - Security freezes for protected consumers.
100.55 - Furnishing or using certain consumer loan information to make solicitations.
100.57 - Tax preparers; privacy of client information.
100.60 - State renewable fuels goal.
100.65 - Residential contractors.
100.70 - Environmental, occupational health, and safety credentials.