Verdict Reversed In Honda Civic Hybrid Mileage Suit
A California Superior Court judge has reversed a verdict rendered against Honda over claims of fuel economy numbers that didn’t match real world results.
Heather Peters, a former lawyer who brought the suit against Honda, was suing over the fact that her Civic Hybrid was unable to match advertised EPA fuel economy figures of as much as 50 mpg. California Superior Court judge Dudley W. Gray II noted in his ruling that Honda’s usage of EPA figures was acceptable, stating.
“Federal regulations control the fuel economy ratings posted on vehicles and advertising claims related to those fuel economy ratings.”
A small-claims court judge originally rejected Honda’s claims, and awarded just under $10,000 in damages to Peters. Peters sought damages not only for the supposedly inaccurate mileage claims, but to compensate her for the diminished trade-in value of her car. But the latest ruling by Judge Gray appears to do away with the idea that Honda misled Peters and other customers. The Detroit Bureau also notes that an unnamed EPA official told them that
“… a maker can advertise any mileage number it believes is accurate up to the figures achieved in government mileage tests. But makers traditionally use the maximum figure even when they are aware such tests might be overly optimistic. In fact, the EPA subsequently revised its test procedures to acknowledge the fact that most hybrids delivered lower fuel economy in real-world use.”
Peters, who opted out of an earlier class action suit and took Honda to small claims court (where the various parties cannot hire legal representation and must make their own cases), saw her case fall apart as the legal proceedings dragged on. An excellent chronicle of the case was posted at Automotive.com for a full explanation of the back story.
More by Derek Kreindler
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From the DETNEWS article : "The court finds it was designed to prolong the life of the battery, not to increase mileage or performance of the vehicle," Gray said of the software update. This is just plain nuts. The battery is an intrinsic part of the integrated motor assist; if you severely curtail its use with a software update then you have effectively disabled the IMA as well. The court should be dealing with this car alone not comparing to those cars of other drivers. Surely the court should have ordered an independent test of the vehicle before casting judgement ?
Whatever, she lost, good......now we can all re-learn the ancient advice of buyer beware.