Bar Exam Uniform Quiz
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CONSTITUTIONAL LAW
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A federal law, the National Appliance Efficiency Act, sets uniform energy efficiency standards for household appliances, including refrigerators. The Act contains an express preemption clause stating, "no State regulation concerning the energy efficiency or energy use of a covered product shall be effective with respect to such product." A state, concerned about its over-burdened power grid, enacts a law requiring all refrigerators sold in the state to carry a prominent label disclosing their estimated annual electricity cost, a disclosure not required by the federal Act. A refrigerator manufacturer challenges the state law.
What is the manufacturer's strongest argument that the state labeling law is preempted? Select one.
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