Ford defeats appeal against truck MPG miscalculation claims

The American Automobile Association (AAA) issued a decision on Friday over an appeal by consumers who alleged Ford cheated on fuel economy tests for its F-150 and Ranger trucks by inflating the mileage estimates on their window stickers as a result of cheating.

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The Court of Appeals for the Sixth U.S. Circuit, in a 3-0 decision, determined that federal law granted the EPA the authority to estimate the fuel efficiency of vehicles; therefore, this preempted the plaintiffs' claims based on state law.

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For 46 years in a row, Ford's F-series has been the most popular American truck on the market.

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Class action lawsuits are being proposed against Ford for F-150s and Ranger's SUVs manufactured between 2018 and 2020.

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According to the EPA, Ford misled the agency by intentionally miscalculating factors used in certification tests in order to deceive the agency.

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According to the plaintiffs, as a result of this, the EPA overestimated the fuel economy of their trucks by as much as 15%, which caused them to overpay for their trucks in the end, which resulted in additional fuel costs.

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Judge Richard Griffin, however, held that federal law provided the EPA with standards for making its estimates, and it was not necessary for the estimates to be exact and precise. According to him, the EPA also has the power to initiate investigations and deter fraud under its "significant authority".

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"Instead of taking the EPA's place in determining whether fuel economy estimates are reasonable, state tort claims, like plaintiff's, would tilt this balance and allow juries to take the EPA's place in assessing whether fuel economy estimates are reasonable," Griffin writes.

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The case was heard by Chief Judge Sean Cox in federal court in Detroit in February of 2022, and the ruling was upheld in Friday's ruling.

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"This is a terrible result for consumers," Steve Berman, the lawyer for the plaintiffs," wrote in an email. "I believe that this is contrary to the precedent of the Supreme Court, which gives states the right to regulate deceptive conduct if they so wish."

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As the company stated in a statement, it was pleased that the court found that consumers can rely on the EPA's testing process and data when it comes to auto safety.

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There was a report issued in February 2021 by the Dearborn, Michigan-based automaker that the United States Department of Justice had closed an investigation into its fuel economy and emissions certification process without taking any action against it.

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This case is In re: Ford Motor Co F-150 and Ranger Truck Fuel Economy Marketing and Sales Practices Litigation, 6th U.S. Circuit Court of Appeals, No. 22-1245.