US court backs Honda Civic Hybrid's consumption

Fresh from the land of litigation-as-hobby comes an update in the ongoing saga of Heather Peters versus Honda over truth in fuel economy claims. Things have taken a turn for the worse, at least from the viewpoint of consumers.

Back in February, we reported how auto-makers being squeezed by competition from one side and tightening emissions legislation from the other were feeling the heat of scrutiny over fuel consumption claims.

The biggest splash of publicity went to the helpfully photogenic Heather Peters, the California lawyer who took Honda to the state’s small claims court after her Civic Hybrid failed to live up to its claimed official 50mpg fuel economy figure.

Peters argued that a tweak to the car’s ECU aimed at reducing warranty claims on the battery had pushed the car’s fuel consumption below 30mpg. His Honour agreed, awarding her nearly $US10K.

After initial attempts at settlement involving small discounts off new cars and the like failed, Honda ramped up the action with an appeal in the Superior Court. Now it has won, with Judge Dudley W Gray II ruling that the grounds on which Peters won the first round are trumped by federal regulations on official fuel economy ratings and related advertising claims.

Most cars, he generalised, manage to achieve something near the figures they give the EPA. The judge therefore quashed Peters’ earlier win, rubbing salt into the wound with an order to cover Honda’s costs in its defence case. The sum in question: $75.

Honda has responded with some formulaic corporate gloating disguised as humility. “Honda is pleased with the court's decision which affirms that Honda was truthful in its advertising of the fuel economy potential of the 2006 Honda Civic Hybrid,” spokesperson Chris Martin said in a statement.

“We are thankful for the support we received from the many satisfied Civic Hybrid owners who expressed their support throughout the legal process.

“We are never satisfied when a customer is anything less than satisfied with one of our products,” Martin continued, “and the company does not relish the necessity to defend the truth in opposition to any of our customers. However, it is important to note that, since January of this year, 17 similar small claims cases involving Civic Hybrid owners have been heard in courts across the country and Honda has now prevailed in 16, based on facts and the law.”

Caveat emptor, countered Peters. “It's a sad day when regulations designed to protect consumers are used against them. I’m certain that the EPA and FTC never intended to shield Honda from liability for advertising claims that a court of law determined to be false.

“Of course I'm disappointed, but I'm still glad that I raised awareness that Honda is no longer the great brand that it used to be. They used to go the extra mile in customer service, now they go the extra mile fighting customers in court. I guess the moral of the story is buyer beware – especially of Honda!”

Seventy-five bucks’ for all that fame and a potential career as the next Ralph Nader? Expect a reality TV show announcement within days...

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