ILMA Compoundings - April 2019 - 30

these decisions, rather than smaller OEMs, and consumers
will lose the choice at the point of sale."
The way Towns sees it, when taking into account those
smaller OEMs, most economy THF sales are not agriculturerelated. "We tend to sell more economy THF into timber,
construction and other non-agriculture applications,"
he said. "Not having an economy alternative will have a
significant impact on small-business economics that depend
on a lower-cost product to run in their older equipment.
Additionally, the base oil streams which go into making
economy THF need a home."
Huron believes that time will tell, but mostly time will
smooth out the problem in the end. "Our expectation
would be that as new equipment continues to enter the
market and older equipment is retired, end users will continue to move toward lubricants that meet the specifications
that are recommended by the OEMs," he said. "Equipment
needs continue to evolve, as do the lubricants that are
required to protect them."

PREVENTING THE PROBLEM FROM
HAPPENING AGAIN

Lubricant manufacturers agree that both proper labeling
and, especially, consumer education are the keys to preventing this kind of thing from happening in the future.

"There is a difference between puffery and misrepresentation to the consumer," Leiter cautioned. "If I'm selling an
economy-grade product that's meant for tractors made 40 or
50 years ago, I shouldn't have a picture of a modern tractor
on there."
As Towns sees it, that's what it boils down to - labeling.
As long as the consumer knows what he or she is buying
based on what the label depicts and tells, Towns does not
feel that any further regulations are necessary. "What states
are doing to help consumers and manufacturers with clear
labeling is a step that we endorse," he continued. "However,
an outright ban on economy fluids is going to hurt the
people that need the most help. Regulators could easily put
an end to economy fluids tomorrow, which would be bad
for the consumer, many ILMA members and other small
companies like ours."

The Lubrizol solution

At present, Lubrizol has offered a proposal to the NCWM
regarding the issue. At the council's interim meeting in
Charleston, South Carolina, in January, the Laws and Regulations Committee voted to advance the proposal to a vote
before the NCWM at its annual meeting in July.
"The issue has rightly been taken to the best available
arena: consumer protection through trade regulations such as
NCWM Handbook 130 ... but it's not always [as] quick a
process," cautioned Girard. If the NCWM adopts it in July, it
would become effective Jan. 1, 2020. That would mean that
in 2020, roughly half of the states will adopt it automatically,
and the other half will go through rulemaking or legislative
processes to adopt the latest version. "My own view," said
Leiter, "is that if it's adopted in roughly half the states, most
companies will make a product that can be sold everywhere."

ILMA's effort to create the right specification

"Equipment needs continue to
evolve, as do the lubricants that
are required to protect them."
-John Huron, staff research engineer,
Chevron Oronite

Last but not least, there are the efforts of ILMA and other
groups to create a proper specification for economy-grade
THF products.
"We're making the effort to come up with the elements of
the specification," said Leiter, "and if we can get buy-in from
the other stakeholders, we can take it to a group like ASTM
and they can publish it."
Through legislative action on the part of lawmakers and
groups like ILMA, coupled with the cooperation of oil
marketers, obsolete 303 THFs will hopefully start coming
off of store shelves in greater numbers, and for good. The
coming years will prove key to solving the issue. With the
culmination of major court cases and continued efforts to
raise public awareness, obsolete oils may become just that -
obsolete, once and for all.
Moul is a freelance writer based on the East Coast.

APRIL 2019

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