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FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs

By Sheila Millar & Jean-Cyril Walker on January 11, 2021
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On December 22, 2020, the Federal Trade Commission’s (FTC) announced adoption of a final rule requiring the use of the EnergyGuide labels on portable air conditioners (ACs). Effective October 1, 2022, portable AC manufacturers must attach yellow EnergyGuide labels on the principal display panel of their packaging and include an image of the required label on websites and catalogs advertising the product.

The FTC initially proposed that the labeling requirement would go into effect on January 10, 2025, the same day as new portable AC DOE efficiency standards. Given that these products are increasingly common in the marketplace, exhibit a wide range of energy efficiency and energy costs across similarly sized units, and sometimes consume more energy than currently labeled room air conditioners, the FTC decided that consumers would benefit from moving the effective date up to October 1, 2022.

The final amendments also update the energy efficiency ratings used at 10 C.F.R. Part 305 for central AC units from “Seasonal Energy Efficiency Ratio (SEER)” to “Seasonal Energy Efficiency Ratio 2 (SEER2).” A new ratings methodology goes into effect on January 1, 2023, and Part 305 will be consistent with this change. Manufacturers may begin to use the new terminology before then provided that the represented energy efficiencies comply with the minimum requirements going into effect in 2023.

The Commission considered but ultimately decided not to pursue broader changes to the Energy Label rule, such as a transition to electronic labeling, at this time. The FTC may seek further input on such changes on a later date after having had an opportunity to gather information sufficient to support significant changes to the entire rule. In the interim, the vote in favor of publishing the notice in the Federal Register was 4-1. Commissioner Christine S. Wilson voted no and issued a dissenting statement in which she expressed concern that the final changes to the Rule do not remove prescriptive aspects that she believed were an impediment to competition. Wilson called for a full review of the Rule “to consider removing all dated and prescriptive provisions, and to consider the recent comments suggesting changes. Nothing prevents the Commission from conducting this review now – we do not have to wait until the 10-year anniversary.”

Commissioner Rohit Chopra also issued a separate statement in which he commended the Commission for “finalizing a rule that will help to reduce the long-term burden of high energy bills on low-income families, promote greater energy efficiency, reduce carbon emissions from residential housing,” and for moving up the compliance date, which he believes would result in significant consumer savings in energy costs.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Jean-Cyril Walker Jean-Cyril Walker

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery…

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery Act and state analogues. Mr. Walker regularly advises industry and trade association clients on regulations of hazardous air pollutants under the federal Clean Air Act (CAA) and state and local air pollution statutes, as well as emissions of volatile organic compounds (VOCs) in adhesives, paints, and other industrial and consumer products.

Mr. Walker also regularly advises clients on product safety issues. This includes assessing compliance with the Federal Hazardous Substances Act (FHSA), other Consumer Product Safety Commission (CPSC) requirements, and state consumer product requirements.

Additionally, Mr. Walker counsels a broad range of industries on compliance with the U.S. Energy Policy and Conservation Act and California’s energy efficiency regulations. Representative clients include manufacturers and distributors of: consumer appliances; commercial refrigeration equipment; heating, ventilation and air conditioning equipment; and computers and consumer electronic devices.

In addition to compliance advice, Mr. Walker regularly represents clients in actions brought by the U.S. Environmental Protection Agency, the Department of Energy, the Federal Trade Commission (FTC), and other Federal and state agencies.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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