fbpx

Thompson Creek Windows Falsely Marketed as Energy Star Class Action

Many consumers want to buy products that have the Energy Star mark, as they believe these projects use less energy, lower electricity bills, and are beneficial for the environment. The complaint for this class action alleges that Thompson Creek Window Company claimed that certain of its window models were Energy Star-certified when they were not.

Alternative classes have been proposed for this action. The Multi-State Class is all those who bought the Mislabeled Windows in Maryland, Virginia, or the District of Columbia during the class period. Alternatively, the complaint proposes Maryland and/or Virginia state classes.

In order for a window to get an Energy Star certification, it must meet certain requirements in the categories of U-Factor, Air Leakage, and Solar Heat Gain Coefficient, based on climate zone. Energy Star windows generally cost more, but they also can reduce energy bills and carbon footprints.

At issue in this case are TC 900/7900 and 7800 St. Claire double-paned windows. The complaint claims that Thompson falsely represented that these windows were Energy Star-certified.

The complaint alleges, “because Energy Star is widely recognized as the preeminent designation for energy efficient products, participation in the Energy Star program has a significant impact on the marketability and pricing of windows.”

To get the Energy Star certification for its windows, Thompson Creek needed to participate in the nonprofit National Fenestration Rating Council’s (NFRC’s) certification program. In 2010, NFRC issued new, more stringent testing requirements. It permitted companies whose products failed the testing to have some time to arrive at compliance.

Thompson’s double-paned windows contained argon gas and were built using spacers. Spacers perform important functions in double-paned windows, and Thompson used two different types made by Quanex. Quanex periodically inspected Thompson’s facilities, and the complaint says Quanex “identified problems in Thompson Creek’s manufacturing process…”

The complaint alleges, “Thompson Creek’s machinery was dated and the spacers were faulty. Although Thompson Creek was able to create double paned windows that could hold the insulating argon gas fill when the windows came off the production line, the windows failed when subjected to months of varied environmental conditions at the Testing Lab.

Thompson tried to make improvements and resubmitted the windows roughly every eight months, but they did not pass the tests. The complaint alleges that Thompson chose to use the Energy Star designation anyway.

Sometime around 2018, the complaint alleges that Thompson chose to use only one kind of spacer in its windows. It says that, “[u]pon information and belief, from at least January 1, 2014 to December 31, 2018,” the windows at issue did not meet Energy Star certification requirements, but Thompson continued to label and promote them as if they did.

The Federal Trade Commission (FTC) sent Thompson a warning letter in 2012, asking it to reevaluate certain of its marketing materials. The coordinator of the verification program sent the company an e-mail in July 2015, containing the statement, “Thompson Creek Window Company is not in compliance with Energy Star…”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Thompson Creek Windows Falsely Marketed as Energy Star Complaint

April 2, 2021

Many consumers want to buy products that have the Energy Star mark, as they believe these projects use less energy, lower electricity bills, and are beneficial for the environment. The complaint for this class action alleges that Thompson Creek Window Company claimed that certain of its window models were Energy Star-certified when they were not.

Thompson Creek Windows Falsely Marketed as Energy Star Complaint

Case Event History

Thompson Creek Windows Falsely Marketed as Energy Star Complaint

April 2, 2021

Many consumers want to buy products that have the Energy Star mark, as they believe these projects use less energy, lower electricity bills, and are beneficial for the environment. The complaint for this class action alleges that Thompson Creek Window Company claimed that certain of its window models were Energy Star-certified when they were not.

Thompson Creek Windows Falsely Marketed as Energy Star Complaint
Tags: Deceptive Advertising, Deceptive Labels, Deceptive or False Certification