The judge also noted that the EPA’s estimated miles-per-gallon ratings are for comparison among vehicles and don’t take into account variations, such as how people drive and the conditions of their vehicles, that may affect fuel economy. “Federal regulations control the fuel-economy ratings posted on vehicles and advertising claims related to those fuel-economy ratings,” Gray wrote in the ruling. In the Peters case, Gray ruled that the automaker was within its rights to advertise the Environmental Protection Agency-derived fuel-economy ratings for the vehicle and rejected the idea that it misled Peters with the claims. In states where lawyers are barred from Small Claims Court, these companies would have to train non-attorney employees on how to mount a courtroom defense. Honda, and a business in a similar situation, would have to use its legal staff to analyze the merits and risks of each claim.
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