A class action filed in federal court in Newark says Mercedes-Benz “Clean Diesel” models are programmed to shut off pollution controls under certain circumstances—a claim reminiscent of the recent scandal at Volkswagen that prompted hundreds of lawsuits.

Diesel-powered Mercedes-Benz vehicles have been found to emit pollutants at a level 65 times higher than the Environmental Protection Agency permits, according to the complaint in Lynevych v. Mercedes Benz USA. The company’s diesel cars are programmed to turn off pollution control devices when outside temperatures fall below 50 degrees Fahrenheit, according to the complaint.

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