Earlier today the FTC held a media conference call to announce that consent decrees have been issued against Serious, Gorell, and others in the window industry. These entities had been targeted for making deceptive claims about the energy efficiency of their replacement windows, and about how much consumers could expect to save on their home heating and cooling bills by installing new windows.

James Kohm, Associate Director of the FTC’s Enforcement Division, suggested that manufacturers will now and in the future be held liable for making “save up to” claims they can not substantiate or for using unsupportable data.

We continue to warn clients about using marketing materials and presentations that have not been vetted for legal compliance, especially those pieces that have come from manufacturers, consultants, or media companies that have no understanding as to the legalities within our industry.