June 16, 2010

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Julie Snyder

Be Aware of the Automatic Transmission Fluids, Including Additives on your Shelves

It appears from our investigation and discussion with an official at the State Department of Weights and Measures that enforcement officers are more aggressively enforcing Business and Professions Code sections dealing with automatic transmission fluids and additives (see below).  These regulations require adherence to vehicle manufacturer specifications.  Furthermore, one company that produces such fluids points out in their service bulletin that they are assessing this situation and will respond, as appropriate, in the future so that they can return these products to distributors and retailers shelves.  We suspect that they will make labeling changes and narrow the application of various automotive transmission fluid formulations so that viscosities align with manufacturer specifications.

So, contact your supplier representative to assure you and they are complying with the regulations and do not have non-compliant product, i.e., automatic transmission fluids and additives, on your shelves.  Also, ask your supplier how they are handling these regulations so their products will be compliant, if they are not so today.

These regulations were established in the 1980's and are getting renewed attention from state regulators.  Rest assured we will continue to be vigilant on this and other regulatory issues affecting our members and the aftermarket industry in California.  For more information regarding this alert, please contact our Legislative Advocate, Norm Plotkin at 916.498.3304 or email him at norm@pzallc.com.

Applicable Business and Professions Code Section 13710
(b) Any automatic transmission fluid sold without limitation as to type of transmission for which it is intended, shall meet all automotive manufacturers' recommended requirements for transmissions in general use in the state. Automatic transmission fluids that are intended for use only in certain transmissions, as disclosed on the label of its container, shall meet the latest automotive manufacturers' recommended requirements for those transmissions.

(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products' label.

13701.  Any material offered for sale or sold as an additive to automatic transmission fluids shall be compatible with the automatic transmission fluid to which it is added, and the resulting mixture shall not fall below the minimum specifications for automatic transmission fluids, as established by the department.

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Founded in 1955, CAWA is a nonprofit trade organization representing automotive jobbers, warehouse distributors, retailers, manufacturers and manufacturers' representatives in California, Nevada, and Arizona.  CAWA's mission is to provide communications, education, legislative and regulatory advocacy and group purchasing of services for its members while promoting the automotive aftermarket industry.

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