The U.S. Department of Energy’s (“DOE”) Office of Enforcement recently issued a Notice of Noncompliance Determination to Sears, Roebuck & Co. (“Sears”) regarding two Kenmore-brand chest freezers, basic model 255.19502010 (“19502” or “1950”) and basic model 255.19702010 (“19702” or “1970”), which are privately labeled and distributed in commerce in the U.S. by Sears and manufactured in China.
In late 2011 and early 2012, DOE tested four units of basic model 19702 and four units of basic model 19502. DOE’s testing demonstrated that neither basic model is in compliance with federal law. Basic model 19702 consumed energy at an average rate more than 50 percent over the federal limit, and basic model 19502 consumed energy at an average rate more than 25 percent over the federal limit.
Sears ceased distribution of these two basic models and is required to notify all purchasers of these basic models that DOE has found the models noncompliant.