The NMO has completed an investigation into an offence relating to the mislabelling of chest freezers in relation to energy ratings. John Gillman & Sons (Electrical) Ltd, the company found to be supplying these products, were issued a formal caution after admitting to the offence.
In April 2010 the NMO initiated a project to assess the level of conformance across the refrigerator and freezer markets in accordance with the Energy Information and Ecodesign Regulations.
As part of the programme an Ice King DM450 chest freezer (amongst other products) was purchased and subjected to testing to the terms of the harmonised standards. When this did not reach the required testing conditions three further DM450 freezers were sampled in accordance with the standards.
The freezers were declared to have an A+ energy efficiency rating, using 263kWh/year of energy according to the energy labels supplied. However, testing showed them to use an average of 310kWh/year, making the products B rated. This represents approximately an extra £40 in surplus energy costs for consumers over the lifespan of the chest freezer.
The Ice King brand is solely owned in the UK by John Gillman and Sons (Electrical) Ltd. The appliances were manufactured in China, with a Danish company acting as an intermediary in the supply chain. The Danish business took responsibility for testing, but despite this process the freezers failed accredited testing in the UK. No additional checks were carried out in the UK by the company.
On the NMO’s first contact with the company the DM450 freezers were withdrawn from the market and held in quarantine. Over the following months the NMO and the company worked together towards compliance. No further DM450 models were sold and the business cancelled all further orders with their suppliers in Denmark and China, replacing them with new manufacturers of Ice King branded freezers.
Adrian Gillman, Managing Director of the company stated; “We consider ourselves a professional trading company being in business for over 40 years and have been horrified to experience that the product we have sourced hasn’t been capable of meeting both the legal standards and those we specified.”
The company has accepted their responsibility in this case and the impact that has been made on consumers and the environment. It has voluntarily arranged to pay for the work done by the accredited test house in establishing the energy use of the samples taken. This reflects the new legislative changes that will take full effect later in 2011, allowing the Enforcement Authority to reclaim testing costs should products fail to comply with an applicable implementing measure.
Director of Enforcement at NMO, Richard Frewin added: “This company first came to the attention of the enforcement community in 2009 when they were prosecuted for mislabelling a freezer which had a much greater inaccuracy than discovered in this case. At the time the company took some steps to ensure that the problem would not occur again and are very disappointed that another manufacturer has let them down. The company has ceased all trading with the manufacturer and now sources its product from a more reliable source.
“The lesson to be gleaned from this company's experience is to check to ensure that the product being placed on the market in the UK is the same as the one against which the manufacturer is making energy efficiency claims and that poor manufacturing and transportation procedures do not impact on the quality and performance of the product over time ”