The federal Competition Bureau is looking into allegations that two Alberta hot-tub retailers wrongly told customers their products qualified for tax breaks under the Energy Star program.

Brent and Rochelle Marsall of Calgary operate an EcoSmart Spas outlet in Calgary and Dynasty Spas in Red Deer.

Hot tubs and spas do not qualify for tax credits under the Energy Star program, according to the Competition Bureau.Hot tubs and spas do not qualify for tax credits under the Energy Star program, according to the Competition Bureau. (iStock)A competition tribunal, a quasi-judicial body, usually sits in Ottawa but might travel to Calgary to hear the case. If found guilty, the Marsalls could face a maximum penalty of $300,000.

The Energy Star program provides tax credits of up to $1,500 for energy-efficient home improvements. The list of qualifying items include windows and doors, water heaters, furnaces and solar panels, but not hot tubs.

Nine other hot-tub retailers agreed to stop claiming their products qualified for the Energy Star program and posted notices saying so. They will not have to face the tribunal, nor will they face any monetary penalties.

'Consumers rightly expect to receive truthful and accurate information.'—Melanie Aitken, competition commissioner

The Competition Bureau is looking into reports that EcoSmart and Dynasty Spas have been telling customers their products qualify for the program since 2007.

"Consumers rightly expect to receive truthful and accurate information so that they can make informed purchasing decisions," said bureau commissioner Melanie Aitken.

"In filing this application [for the tribunal], the bureau is sending a strong message to those who mislead consumers about the energy efficiency of their products," she said.

The Competition Bureau is an independent law enforcement agency directed at protecting the interests of consumers.