1. Actively detecting test and behaving differently. It's like stealing a test vs teaching to the test.
2. Lower stakes. Health issues are much more serious than inefficiency.
3. It affects the buyer. It's more acceptable for the buyer to be cheated than everyone around them.
4. People could have created these layers by accident. Favouring those who got lucky is unfair.
Honestly I think basically all my gadgets exaggerate how energy efficient they are, by tuning parameters for tests that don't correspond to the real world. My dishwasher has an energy efficient mode, the manual literally says it's just for compliance and recommends other modes. It's just a fact of life.