Ford may be clearly stating that it is not discussing any particular models with the Environmental Protection Agency as an official investigation continues, but that isn't stopping the people from filing a federal class action lawsuit against the automaker over mileage claims for the C-Max and Fusion Hybrid vehicles.

In August, Ford said the C-Max Hybrid gets a clean 47 miles per gallon in all three categories (city/highway/combined). The Fusion got the same grades. The lawsuit, which was filed earlier this month in US District Court in the Eastern District of California, claims that the marketing campaign Ford is using to promote the fuel economy for those two models is "false and misleading." Ford also used "misrepresentations and omissions" to promote the cars, says the claim.

What's interesting here – and in the Hyundai/Kia MPG situation – is that the EPA signs off on these numbers, even if the agency doesn't test the vehicles itself. Independent tests of the two cars, both by private citizens and Consumer Reports, showed that the vehicles aren't quite hitting those numbers (only getting around 37-39 mpg) in real-world situations. Just as Hyundai is reimbursing customers, the plaintiff in the case, Richard Pitkin from California, says he wants money from Ford, and that other owners should get some, too. The same law firm, McCuneWright, is the one suing Hyundai. Ford told Automotive News it cannot discuss pending litigation.

We'll let the lawsuit determine if Ford's ads are misleading. One thing no one can dispute is that they're working: C-Max sales broke hybrid launch records earlier this year.


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    • 1 Second Ago
  • 212 Comments
      • 1 Year Ago
      Many good points here. Facts are my CMAX was delivered with two manufacturers defects, 111 unexplained additional miles, and averaged 34.3 mpg the first 2000+ miles with cruise control tenderfoot driving. Ford will be held accountable by the market for promising 47 mpg and delivering -27% less. On 100,000 miles, that adds up to real money...
      • 8 Months Ago
      I know that I am the largest poster here, but anyone who reads this, I implore you to do one simple thing. Instead of believing your handy dandy little dashboard computer that tells you you are getting this "bragging at Starbucks" kind of mileage...actually check. The old fashioned way! Just divide miles traveled by gallons used. Do this three or four times and you will see what is actually happening. If ANYONE and I mean ANYONE can drive a Ford Fusion Hybrid for a tankful of gas, say from Phoenix to LA or Las VEgas to LA or Minneapolis to Fargo at highway speeds with two people in the car and get anywhere near the stated ratings, I will kiss a posterior part of your anatomy in the middle of main street and give you an hour to draw a crowd. What is the matter with you people?. Where is the ourtage? You have been HAD (me included) and either you just don't mind getting screwed, or you just love your bragging rights because your car SAYS it is betting better mileage than you neighbors. What a bunch of weinies!
      BlackDynamiteOnline
      • 2 Years Ago
      Of course! They've only been following the tests on all of their cars for 20-25 years. I'm sure they've forgot how to do the tests. Why didn't I think of that? BD
      Tiberius1701
      • 2 Years Ago
      EPA mileage "estimates" are just that, estimates. YMMV... As a matter of fact, the EPA numbers are for the most part calculated without a vehicle ever being driven on normal roads. As an aside, every single Ford I have ever owned never achieved optimal fuel economy until about 4-5000 miles were rolled up.. My current car a 2011 Fiesta SEL with the Dual-Clutch six speed averages 33MPG in mostly city driving. One highway trip I clocked 43MPG driving between 65-70MPH. But this is my experience.
      Dean Hammond
      • 1 Day Ago
      well you obviously dont.........want me to start listing....stop being an a$$...........theres PLENTY of cars with heavier curb weights, aero and power getting better mileage than paper weights, to use those parameters is totally ignorant, clueless and unseducated....but hey, its a witch-hunt so continue.....
      BlackDynamiteOnline
      Glad you have learned basic automotive physics. Lesson over...... BD
      Dean Hammond
      • 1 Day Ago
      ....gearing, internal friction, efficiency, start stop, tire footprint.....little more to it BD.
      Dean Hammond
      • 1 Day Ago
      dare I say the biggest variable is the person behind the wheel, perhaps the dis-claimer should read, your mileage will vary BIG time...
      SVX pearlie
      • 2 Years Ago
      What? Somebody's suing after Hyundai showed there's money to be grabbed? Imagine that!
      Spiffster
      • 1 Day Ago
      "Real-world customers are getting much better numbers in many cases if you'd care to actually do some research instead of jumping on the bandwagon." OK, so where is your source? I gave one.
      Spiffster
      • 1 Day Ago
      Whatevs Luke... Im a huge fan of Ford and even posted in another article what I got in my 2010 FFH (beat EPA). I checked Fuelly to see what real world numbers were showing. And perhaps YOU are the one that needs to do some research: http://www.fuelly.com/car/ford/fusion not a single 2013 hybrid scored over 45 mpg. I am not the enemy.
      • 2 Years Ago
      I am only getting 31 MPG Average http://fusionhybridmpg.blogspot.com/ in my 2013 FFH
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