Honda Owners Sue Over Civic Hybrid Fuel Economy, Automaker Offers Settlement

Honda Owners Sue Over Civic Hybrid Fuel Economy, Automaker Offers Settlement

By John O'Dell December 17, 2009

They Say Ads Misled Them Into Believing Their Hybrids Would Deliver EPA-Rated MPG

In what must be sending chills down the collective spine of every automobile manufacturer in the land, Honda Motor Co. has offered to settle a class action suit brought by two customers who say they were deceived by the EPA-rated mileage claims for 2003-07 model year Honda Civic Hybrids.

The Civic Hybrid fuel economy suit doesn't challenge the veracity of the government's city and highway MPG calculations, though. It attacks Honda's reliance on them when advertising and marketing the gas-electric hybrid.

Instead of the EPA's 49 mile per gallon city and 51 mpg highway ratings, the two named plaintiffs - both from Southern California - said they were averaging only 31 mpg in their Civic Hybrids and felt that Honda's advertising had misled them.

The company should have made an effort to tell shoppers that they might not get the EPA-rated fuel economy in their cars, they argued.

Gosh.

We are shocked.

And dismayed...that a single sentient human being still walks the earth believing that EPA ratings are some sort of minimum guarantee of fuel economy performance.

We though there was a warning printed right on the window sticker - and, wait! - yes, there is. On the pre-2008 EPA label, per this sample lifted from the EPA's own website, it clearly says "Actual mileage will vary..."

Guess you don't have to be able to read to be able to sue.

The whole thing does help underscore the wisdom of Edmunds' effort to persuade the EPA to quit emphasizing miles per gallon in this age of hybrids and electric cars and to start computing average monthly fuel costs instead.)

Offer Bars New Hybrid Purchases

Honda apparently doesn't fancy its chances in a trial of the suit, filed in 2007 in U.S. Distric Court in California.

It has offered a settlement that would give the two named plaintiffs five-figure cash settlements and the rest of the estimated 120,000 members of the class a coupon good for $1,000 off a new Honda.

That's probably cheaper than paying lawyers to defend against the suit, but it sure sends a weird message - sue us for whatever silly reason you and your lawyers can come up with and we'll pay.

There's a funny twist, though.

Not Enough?

The settlement would require Civic Hybrid owners who wanted to take advantage of the discount to trade-in their hybrids and it would not allow them to use the $1,000 coupon to buy a new one -or any of Honda's other most-efficient vehicles, such as the Insight or the Fit.

Instead, they'd have to purchase a conventional gasoline-fueled Honda model that likely would get less fuel economy than a Civic Hybrid.

Not that it matters - the New York Times says the attorneys general of Texas and 25 other states have asked the court to reject the settlement offer because it doesn't provide the car owners sufficient relief and actually benefits Honda because it will help the company sell more cars.

We wonder how many are so dismayed about their hybrids' real-world thirst that they'd go for the deal anyhow.

EPA Calculations Already Changed

It's worth noting that 2008 and later Civic Hybrids aren't included in the suit. That's because the EPA - at the urging of leading hybrid makers Honda and Toyota, among others - changed the methodology for calculating average fuel economy for hybrids last year.

Why?

Because, the automakers said, the old method wasn't realistic.

Under the new methodology, Civic Hybrids since the 2008 model year are rated at 40 mpg in the city and 45 mpg on the highway.

Bet we could drive on all day long and not get anywhere near that.

Hmm, wonder if Honda would give us $1,000 to not try?

John O'Dell, Senior Editor

John O'Dell:  is an AutoObserver Senior Editor. Follow @AutoObserver on Twitter.