AN OPEN LETTER TO CALIFORNIA CONSUMERS, CAR DEALERS AND AUTO MANUFACTURERS ABOUT INFLATED GAS MILEAGE CLAIMS ON HYBRID AND “NEW FUEL” VEHICLES

My office has successfully handled several cases involving false claims of gas mileage for new “hybrid” vehicles.  In fact, gas mileage claims on these vehicles are grossly inflated and consumers should know this.

The good news is, I read in the L.A. Times yesterday that the EPA (the federal agency which administers the gas mileage estimates which appear on the window stickers of new cars) has revised standards for gas mileage testing, which, starting in 2008, should make gas mileage estimates on window stickers more accurate.  One can always hope…

However, that is not the purpose of this post.  I have engaged in debate with some environmental activists about whether my firm should be pursuing these types of claims because, according to the environmental activists, we should be encouraging, not discouraging, auto manufacturers to use “green” technology.  My response has been, traditionally, that I fully support any and all “green technology”, but I will continue to decry the use of fraud or misrepresentation when marketing any product or technology.

Upon some reflection on this debate, I have decided that I will no longer pursue these claims against auto manufacturers, for the very reason advanced by the environmental activists.  I do not condone the knowing and pattern misrepresentation of gas mileage estimates to sell cars, but I will not be a party to any effort which discourages auto manufacturers from expanding their use of “green” technology.

I am also hopeful that the new 2008 EPA standards do something effective to remedy this situation, because it continues to be a fraud.  However, with the environmental state of the planet right now, I will not be using the litigation tools and capabilities of my office to punish any auto manufacturer for its use or expansion of “green” technology.

Thanks for taking the time to read this short message.

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