Spa Retailers Required to Stop Making False ENERGY STAR Claims

OTTAWA, ONTARIO–(Marketwire – Jan. 17, 2011) - The Competition Bureau announced today that, as a result of its successful enforcement action, two additional spa retailers must cease making misleading representations that incorrectly conveyed the impression that their hot tubs or insulation met the criteria of the ENERGY STAR Program.

Under the terms of a consent agreement filed today with the Competition Tribunal, which has the force of a Tribunal order, “EcoSmart Spas” and “Dynasty Spas”, as well as a director of both retailers, Brent Marsall, have agreed to cease making misleading representations and to pay an administrative monetary penalty of $130,000. Corrective notices will also be published in all stores, and on their Web site, to inform customers of the misleading representations. In addition, a corporate compliance program will be developed and implemented for both retailers.

“I am pleased that our enforcement action has been successful,” said Melanie Aitken, Commissioner of Competition. ”Canadians seeking energy efficient and environmentally friendly products depend on businesses to ensure that the claims being made about their products are truthful and accurate. Companies that make false representations inhibit consumers’ ability to make informed purchasing decisions and put rival companies at a competitive disadvantage.”

On June 29, 2010, the Bureau announced that it had filed an application with the Competition Tribunal seeking to prohibit Mr. Marsall and his companies from making claims that the products were eligible for ENERGY STAR certification. The ENERGY STAR Program is an international standard for energy efficient and environmentally friendly consumer products. No hot tubs, spas, or insulation products for sale in Canada are eligible for certification by, or in association with, the ENERGY STAR Program.

Since announcing a crackdown on unsupported energy savings claims in June 2009, the Bureau has reached agreements with all Canadian hot tub and spa retailers identified as having made similar false or misleading claims, except EcoSmart Spas and Dynasty Spas. The Bureau was forced to start enforcement action against Mr. Marsall, EcoSmart Spas and Dynasty Spas. The consent agreement resolves the matter with respect to these final violations.

Canadian and American government agencies cooperated in the Bureau’s investigation. This includes the United States Environmental Protection Agency, which owns and manages the ENERGY STAR Program, and the Office of Energy Efficiency of Natural Resources Canada, which administers the program in Canada.

In June 2008, the Competition Bureau and the Canadian Standards Association (CSA) jointly published enforcement guidelines, entitled “Environmental Claims: A Guide for Industry and Advertisers“. The guidelines provide the business community with the necessary tools to ensure that environmental marketing is not misleading, while providing consumers with greater assurance about the accuracy of environmental claims.

The EcoSmart Spas and Dynasty Spas retailers that made the misleading claims operate in the Calgary and Red Deer area.

The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.

See also:

-Competition Bureau Takes Action Against Spa Retailers For False Energy Efficiency Claims (July 2010)

-Competition Bureau Reaches Further Agreements with Hot Tub Retailers on Unsupported Claims(January 2010)

-Competition Bureau Cracks Down on Unsupported Energy Savings Claims (June 2009)

-Information on ENERGY STAR Qualified Products or Equipment (Natural Resources Canada)

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Spa Manufacturer Liquidates Equipment

A well-known spa maker and retailer has been quietly closing down a significant portion of its manufacturing operations.

Leisure Bay Industries Inc. placed its vacuum spa molds and various factory-related equipment up for auction in early December. It shares an Orlando-area manufacturing facility with Dream Maker Spas — and both are brands of Recreational Warehouse, a Florida-based company that produces and retails a number of spa and pool products.

“I got a flier in the mail, saying [Leisure Bay] was auctioning off its vacuum-molding machines,” said Bruce Rothschild, owner/president of Your Backyard Superstore Inc. in Melbourne. Fla. “I went to the Website where they were holding the auction, and saw they were selling not only all the vacuums and forming pieces, but forklifts, racks, tools — everything.”

The corporate offices of Leisure Bay and Rec Warehouse were not answering calls at press time, but multiple sources close to the companies have confirmed that Leisure Bay is pulling out of the vacuum-molded spa manufacturing business “for financial reasons.”

In addition to liquidating that warehouse’s vacuum-molding equipment, Leisure Bay has been shuttering a number of its retail locations, according to sources familiar with the firm.

The Rec Warehouse story began in 1974, when it was founded by Don and Gary Doebler in a suburb of Buffalo, N.Y. It  expanded across the United States with a series of retail stores, which were known throughout the country — particularly on the East Coast —  for offering  pool and patio products at low cost. Along the way, Rec Warehouse acquired the Leisure Bay and Dream Maker brands, both of which were known for producing lower-cost hot tubs.

Though vacuum-molded spas will no longer be manufactured under the Leisure Bay brand, sources in contact with the firm have stated that Dream Maker will produce rotomold spas.

While vacuum-molded spas are made by heating and molding a sheet of acrylic, rotomold hot tubs are created by melting plastic beads in a spinning chamber, then allowing the plastic to cool, and removing the resulting shape. These units are typically produced and sold at lower cost than vacuum-molded models.

Rec Warehouse continues to sell a variety of products through multibrand retail stores. The company also is taking on some import business, according to retailers in touch with its representative network.

“From what I understand, what is now on their [warehouse] floor is mainly spas made by another company,” Rothschild said. “They’re bringing them in, last I heard, from Canada.”

Spa Manufacturer Shuts Its Doors

The small, regional business was based in Anderson, Calif., about 100 miles north of Sacramento.

“They were a great company to deal with, and their product was top notch,” said Warren Kayser, owner of Warren’s Expert Spa Repair in Chico, Calif., a Phoenix dealer for more than 12 years. “I’m really sorry to hear they’re going away.”

While the company has not formally announced the closing, and was not answering calls at press time, sources close to the leadership at Phoenix have confirmed that the shutdown is official.

The manufacturer now is working to ensure that customers who still have a year or two left on their warranty will remain covered, according to Phoenix dealers.

“They’re being very professional about it,” said Khasha Mekanik, owner of Black Pine Spas in Lynnwood, Wash., a former Phoenix dealer who continues to perform warranty work on its products.

Mekanik explained that Phoenix staff has put his company in touch with the original equipment manufacturers that provided parts to Phoenix, so he and his team can maintain coverage for those customers who still have a few years left on their warranties. “In terms of taking care of loose ends, I think they’re handling it the right way,” he said.

Phoenix was founded by husband-and-wife team Rob and Pam King in 1983. With Rob as president and Pam working as CFO, the company remained family-owned and operated as it expanded its network of dealers, mostly in the Pacific Northwest.

“I really liked the fact that they were local, and oriented toward local dealers,” said Chris Blackburn, owner of Mountain Pool & Spa in Willow Creek, Calif. “It only took a few hours’ driving for me to get out to their offices and talk with them in person.”

Blackburn adds that Phoenix geared its sales policies toward small dealers like him: “They didn’t have any purchase minimums, so I could buy as many or as few spas as I wanted from them.”

Though most major hot tub manufacturers have stayed afloat through the current recession, many smaller spa companies were hit particularly hard last year.

“Quite a few [spa] manufacturers and retailers have closed their doors,” said Sony Banga, vice president of sales at Strong Pools and Spas in Northumberland, Pa. “I think it’s going to take some time for us to bounce back.”

UK dealer sees Michael Phelps dive into swim spa launch

Michael Phelps Swim SpaA Reading hot tub dealer was on hand to see world record swimming champion Michael Phelps make a splash at the International Pool Spa Patio Expo in Las Vegas when he dived into the high profile launch of his signature range of swim spas by Master Spas.

Phelps and his personal coach Bob Bowman, who has twice been named USA Swimming’s Coach of the Year, have teamed up with the engineering design team at Master Spas to create a full line of new swim spas within the officially titled Michael Phelps Signature Swim Spas by Master Spas range.

Speaking after the November launch at the Mandalay Bay Convention Centre in Las Vegas, Master Spas UK dealer Sunil Sharma said: “I was very impressed with the product launch in Las Vegas and I think that the unique, patented Wave Propulsion Technology system will not only be great for professional swimmers like Michael Phelps but also for anyone who wants to swim or walk against the clear water resistance it creates.”

Sunil is now making preparations at his Aqua Hot Tubs showroom for a big promotion of the swim spa in the New Year to coincide with the global promotion.

“We have sold off our previous line of the Master Spas H2X swim spas to make room for the Michael Phelps Signature model to be delivered in mid January,” revealed Sunil.

“There is a lot of global promotion for this launch and I think it will benefit everyone selling these swim spas. We will now be inviting people to come and see it and wet test it in our showroom and we will be promoting it locally to swimming clubs and the community as a whole.

“I believe the instant name recognition of Michael Phelps will be a big boost for sales as people in the UK don’t really remember brand names when it comes to purchasing hot tubs and swim spas but they will instantly know this one.”

Phelps and American Hall of Fame swim coach Bowman, in conjunction with Master Spas, will ensure that global promotion of swim spa continues in 2011 as they will be actively promoting the sport of swimming and the health benefits associated with aquatic exercise and spa therapy.

“One of the biggest goals I have in my career is to grow the sport of swimming in as many ways as possible, and the ability to partner with Master Spas’ to create a signature line of swim spas is another unique way to help the sport,” revealed Phelps, who holds more gold medals, world championships and world records than any other swimmer,

He added: “Our goal with this line of swim spas is to create more and better opportunities for everyone interested in swimming, from exercise enthusiasts through the next generation of competitive swimmers.”

Bowman, who is the CEO and Head Coach of North Baltimore Aquatic Club, revealed: “We designed the Michael Phelps Signature Swim Spa by Master Spas’ as an efficient and effective training tool for competitive swimming. But our goal was to create a swim spa that can apply to individual fitness levels as well.”

The World Swimming Coaches Association’s Coach of the Quadrenium (2005-08) and four-time recipient of the American Swim Coaches Association’s Coach of the Year award, added: “Aquatic exercise is extremely beneficial for building overall strength and endurance.”

Obama to get new hot tub for Christmas?


WASHINGTON (CNN)
– A new hot tub was one of the many gift suggestions given to first lady Michelle Obama today after she read to young patients at Children’s National Medical Center.

Mrs. Obama read “The Night Before Christmas” to the group and then took questions from the audience, including what she would be giving the president for Christmas.  The first lady jokingly replied that she couldn’t tell because it would no longer be a secret and she still had to figure out which list President Obama is on.

“I’m not going to tell you because it’s going to be in the paper tomorrow, and then he’s going to read it, and then it won’t be a surprise,” she said.  “But first I have to see whether he’s been naughty or nice.  I’ve been trying to figure that out.”

At one point she asked the kids for Christmas gift ideas for the president.  Their responses: candy, a watch, a new suit, and a new hot tub
.