DOE Ramping Up General Service Lamp Enforcement

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its "backstop" efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs.After a period of enforcement discretion (previewed in published guidance) that has now passed, we expect at least some of DOE's efforts to become public in the coming months as the Department begins to settle enforcement actions and assess civil penalties against non-compliant lamp manufacturers, importers, distributors, and retailers.

The Final Rule

Following a rulemaking process that took many twists and turns over the past decade (as summarized in a prior alert), as of July 25, 2022, the sale of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt hour (lm/W) is prohibited.10 C.F.R. § 430.32(dd).