Nexxus Lighting infringes DOE policy on Caliper results

Nexxus Lighting has published information on the Caliper testing results of its LED lighting products, in direct contravention of the program's No Commercial Use policy.

Nexxus Lighting has contravened the No Commercial Use policy that forms part of the US Department of Energy's Caliper Program.

The Caliper (Commercially Available LED Product Evaluation and Reporting) program supports testing of a wide array of solid-state lighting products available for general illumination. DOE allows its test results to be distributed in the public interest for noncommercial, educational purposes only.

The program's No Commercial Use Policy clearly states that information from the program "may not be used in advertising, to promote a company's product or service, or to characterize a competitor's product or service."

On February 9, Nexxus issued a press release entitled "U.S. Department of Energy's CALiPER results confirm Array Lighting as highest efficacy LED directional lamp in the market" with the subtitle "Nexxus Lighting’s Array Par 30 8 watt lamp is highest efficacy directional LED lamp tested in the nine rounds of the DOE CALiPER program."

Following complaints from industry stakeholders, the DOE notified Nexxus of the contravention, and the press release was rescinded. On February 10, Nexxus issued another press release stating that the company was unaware that publication of participation results was prohibited under guidelines from the DOE and the CALiPER program.

Nexxus Lighting also ran an advertisement in the January/February 2010 of LEDs Magazine, which mentioned the Caliper results. Nexxus has stated that this was a mistake, and has now provided a new version of the ad which is in the electronic (PDF) version of the magazine.

LEDs Magazine is happy to reiterate DOE Caliper's position that it does not endorse any particular product or manufacturer. DOE CALiPER will provide companies with specific guidance as needed on the No Commercial Use policy.

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