Deceptive Ad Claim For Hybrid Can Proceed
Case exemplifies the complications a company can encounter over greenwashing.
March 31, 2009 at 08:00 PM
5 minute read
A brochure for the Honda Civic Hybrid that Gaetano Paduano bought in June 2004 promised amazing fuel efficiency: an Environmental Protection Agency (EPA) estimate of up to 51 miles per gallon for the model with a manual transmission. “Just drive the Hybrid like you would a conventional car and save on fuel bills,” the brochure read. That's what Paduano did–and for a year found himself back at the gas pump twice as often as he anticipated.
Paduano asked a dealership service employee what he could do to bring his fuel efficiency closer to the EPA estimates. The employee told him that compared to cars with conventional engines, hybrid efficiency is much more dependant on factors such as whether the windows are open or the air conditioner is on. The employee also said Paduano would have to significantly alter his driving habits–to the point that he would “create a driving hazard”–to near the EPA estimate. Feeling misled, Paduano tried to return the car, but Honda refused to buy it back.
Paduano sued Honda, alleging one federal and two state law causes of action for breach of warranty and two state law causes of action for deceptive advertising. The trial court granted Honda's motion for summary judgment on the grounds the federal Energy Policy and Conservation Act pre-empted all of Paduano's claims, while agreeing with the company's assertion that Paduano's allegations lacked substance.
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