Window and Door May-June 2012 : Page 48
➤ THE PERFORMANCE ISSUE— FTC Action Will Impact Window Marketing Rick Jones, president of Stanek Windows, notes that claims must be explained as well—making compari-sons as transparent as possible. “Many advertisers were overstating energy savings or comparing their products to single-glazed windows,” he says. “Customers are replacing first-generation insulated glass windows in newer homes, many built since 1980, so energy savings as a percentage is not as great.” ➤ ÅBVcnl^cYdlVcYYddgYZVaZgh bdgZXVji^djh^cgZXZcinZVgh#Æ VcYbVcj[VXijgZgh]VkZVagZVYnWZXdbZ to oversell whatever products they are selling to try and convince the consumer to purchase,” says Walker Win-dows’ Jenkins. “I believe this tactic is in many industries and will always be used. The key I having organizations like the FTC controlling it the best they can to discourage dishonesty.” Sunrise’s Delman notes that the FTC ruling will only affect sales if the industry lets it. “What we are doing in manufacturing some of this country’s most energy-efficient, energy saving products should be cheered,” he says. “We all just need to get a little smarter as to how we accumulate specific data like this and professionally present in-formation like this to homeowners.” SAFE TERRITORY As a result of the FTC investigation, many window companies should take a close look at their marketing mes-sages, if they haven’t already, to ensure that they toe the line, legal experts advise. David Toney, a lawyer who represents window and door companies, notes that taking the effort to scrutinize marketing claims proactively could save significant legal issues down the road. “It’s clear that ‘guarantees’ and unsubstantiated claims of some vague, ambiguous amount or percentage savings are on the FTC’s radar,” Toney points out. “The agency is certainly very sensitive to energy efficiency and cost sav-ings claims, so companies that want to advertise in this manner must provide meaningful comparisons within their literature, and be able to substantiate or back up those claims.” So what can companies do to steer clear of legal challenges? What is considered “safe territory” when it comes to cost-saving claims in marketing? In addition to making claims that can be substantiated and being transparent about comparisons, Toney suggests that using an industry-recognized set of guidelines may give window companies a road map for making these types of decisions. “At an absolute minimum, I would recommend that all companies become well acquainted with [FTC’s] Green Guides (officially known as the Guides for the Use of Environmental Marketing Claims), as it provides specific examples of what not to do and guidance related to environmental marketing claims,” he says. “And, companies should stay tuned and continue to stay abreast as new Green Guides should be out soon that will provide specific details and pointers on green marketing.” Contact Christina Lewellen, senior editor, at clewellen@glass.org. “These settlements will have a broad impact on the re-placement window business,” says David Walker, VP of the Window & Door Dealer Alliance. “Aware of government concerns about unsubstantiated energy savings claims, many window and door dealers and manufacturers have already become more cautious in recent years. The FTC action is likely to make everyone in the industry take a close look at what they say in their marketing.” IMPACT ON SALES While the FTC investigation has caused some companies evaluate their public claims, many industry dealers doubt that the government’s actions will have a far-reaching impact on sales of high-performance products. “Naturally, when people are going to invest in window replacement, the new windows and doors are going to be much more energy efficient than what is currently in the home” regardless of the extent to which marketing claims push the envelope, points out John Wilding, president and COO of FAS Windows & Doors, an Orlando-based dealer. “I don’t think the FTC [ruling] will hurt the sale of high-performance products.” Troy Jenkins, president of Walker Windows, a Califor-nia-based dealer, agrees that tempered language about energy savings won’t necessarily impact sales. “I believe the performance of the product speaks for itself,” he says. And though the FTC has sent a clear message to the window industry with its settlement, there will continue to be companies that refuse to heed the warning and salespeople in the field that make aggressive claims about the energy savings that windows deliver. “Unfortunately … I believe companies and salespeople will always try 48 | Window & Door | May 2012
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