FTC Has Repealed its Used Oil Rule

The Federal Trade Commission has repealed its Used Oil Rule, stating that the rule’s labeling and advertising requirements for engine oils have been preempted by the Recycled Oil Rule, which the agency promulgated in October 1995 as required by the Energy Policy and Conservation Act (EPCA). Pursuant to EPCA, the Recycled Oil Rule permits manufacturers and sellers to represent that recycled oil is substantially equivalent to new engine oil, so long as the determination of equivalency is based on test procedures prescribed by the FTC.

This is the 22nd rule the FTC has repealed or revised as part of its effort to streamline and update regulations. The FTC also has repealed or revised 22 guidelines and policy statements since 1993.

As part of the process of repealing the Used Oil Rule, the FTC solicited public comments on two occasions and received only three comments, all in support of repeal. After reviewing the rulemaking record, and in light of the Recycled Oil Rule, the Commission has determined that the Used Oil Rule no longer is necessary and that its repeal will avoid any inconsistency with EPCA’s goals. The Commission vote to repeal the rule was 5-0. A notice in which the Commission discusses the repeal in more detail is published in today’s Federal Register.

Copies of the Federal Register notice are available from the FTC’s Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases, related documents and other materials also are available on the Internet at the FTC’s World Wide Web site at: https://www.ftc.gov

Bonnie Jansen

Office of Public Affairs
202-326-2161 or 202-326-2180

(FTC File No. R511959)