2005 Minnesota Statutes

     325F.22 Unfair and deceptive advertising practices. 

    Subdivision 1.    Violations generally.  It shall be considered 
 an unfair and 
 deceptive practice to violate any of the provisions of this 
 section. 

    Subd. 2.    Fuel savings.  No advertisement for insulation to be 
 used or 
 offered for sale in Minnesota shall state that a percentage of 
 fuel costs or a certain dollar amount of fuel costs will be 
 saved unless the statement is accompanied by the following or 
 substantially similar disclaimer in letters the same size as the 
 claim of savings:  "Stated savings are estimates only.  Actual 
 savings may vary depending on type of home, weather conditions, 
 occupant lifestyle, energy prices and other factors." 

    Subd. 3.    Prohibited claims.  No advertisement for insulation 
 to be used or 
 offered for sale in Minnesota shall contain any claim which is 
 false or misleading, or for which there exists no reasonable 
 substantiation at the time the claim is made. Prohibited claims 
 include, but are not limited to, the following:  does not burn, 
 noncombustible, self-extinguishing, nonpoisonous, nonirritating, 
 vermin-proof, rodent-proof, resists mildewing, will not shrink, 
 will not crack, permanent, no deterioration, complete coverage, 
 fills all voids, never needs replacing, will not settle.  This 
 prohibition shall not apply if the claim is substantiated by 
 tests identified in the specifications established under section 
 325F.20, subdivision 1, or by appropriate testing procedures of 
 the American Society for Testing and Materials where no test 
 required under section 325F.20, subdivision 1, applies. Such 
 tests shall be made by a laboratory qualified to test thermal 
 insulation.  When tests are not designed to duplicate actual 
 conditions, substantiated claims must so state. 

    Subd. 4.    R value representations.  No representation about 
 the thermal resistance 
 value of insulation shall be made unless the R value is given 
 and has been determined by the tests required in the 
 specification established under section 325F.20, subdivision 1, 
 or by appropriate testing procedures of the American Society for 
 Testing and Materials where no test required under section 
 325F.20, subdivision 1, applies.  Such tests shall be made by an 
 approved laboratory qualified to test thermal insulation. 

    HIST: 1978 c 786 s 7