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FTC Seeks Input on Energy Labeling for Portable Air Conditioners

By Jean-Cyril Walker & Sheila Millar on March 30, 2020
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In a notice approved for publication in the Federal Register, the Federal Trade Commission (FTC) advised on March 27, 2020 that it is soliciting feedback on proposed new EnergyGuide label requirements for portable air conditioners. The FTC’s Energy Labeling Rule requires manufacturers to attach yellow EnergyGuide labels to major home appliances and other consumer products to help consumers compare models’ energy usage and costs.

In prior calls for comments on the Energy Labeling Rule, The FTC garnered feedback from industry, consumer groups, and other stakeholders in favor of, or unopposed to, EnergyGuide labels for portable air conditioners. However, a regulatory freeze in January 2017 caused the Department of Energy (DOE) to postpone finalizing efficiency standards for portable air conditioners and the Commission likewise delayed finalizing the label requirements. Now that a new compliance date has been set by the DOE, the Commission proposes requiring EnergyGuide labeling for portable air conditioners to coincide with new DOE efficiency standards for portable air conditioners beginning January 10, 2025.

The FTC also seeks comments on updating the Rule to conform with new DOE energy descriptors for central air conditioners and current requirements for layout, format, and adhesion of EnergyGuide labels.

Comments from interested stakeholders should be submitted 60 days after publication in the Federal Register, which is expected soon.

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

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