Honda hybrid: False mileage claims, court rules
| LOS ANGELES
Except for saying that it will appeal, American聽Honda聽Motor Co. has kept from talking about its loss in a high-profile Civic聽hybrid聽lawsuit over fuel economy claims.
But now the automaker has issued a statement outlining why it believes a Torrance Small Claims Court commissioner ruled in error when he awarded Civic owner Heather Peters $9,867.19 in damages. He ruled Wednesday that聽Honda聽negligently misled Peters when it claimed the聽hybrid聽could achieve as much as 50 miles per gallon.
The award was close to the maximum $10,000 allowed in Small Claims Court that the Los Angeles resident and former attorney was seeking.
"American聽Honda聽believes that the judgment in this case is a radical and unprecedented departure from California and federal law," the automaker said in a statement.
"The court stated in error that advertising (Environmental Protection Agency) fuel economy estimates is misleading unless the advertising also explains the effects of stop-and-go driving and the use of air conditioning. In fact, federal law does not permit states or state courts to impose additional requirements of this kind,"聽Honda聽said.
"Thus, a聽Honda聽advertisement that accurately referenced EPA mileage estimates, truthfully stated that a driver can get 'up to 50 mpg' and carefully noted that mileage will vary is not misleading as a matter of law,"Honda聽said.
As it did in the trial,聽Honda聽said the federally required window label that was on the vehicle when Peters bought the Civic said mileage would vary depending upon a number of factors including options, driving conditions, driving habits and vehicle condition.
"Those factors affect gas mileage for every car on the road today,聽hybrid聽or not. American聽Honda'sadvertising regarding fuel economy of Civic聽hybrids聽was accurate when the vehicles were sold and remains accurate today,"聽Honda聽said.
Peters sued聽Honda聽after learning that the proposed settlement covering her 2006 vehicle would pay trial lawyers $8.5 million while Civic聽hybrid聽owners each would get as little as $100 and a rebate coupon toward the purchase of a new car.
Peters filed her case in Small Claims Court to prevent聽Honda聽from bringing its legal team to the battle. California law _ and statutes in some other states _ prohibits companies from using lawyers to mount a defense in Small Claims Court.
