Kohler Class Action Says Small Engines Don’t Meet Emissions Standards

A class action lawsuit has been filed against Kohler Co. by a consumer who claims that the company’s “Small Off-Road Engines” and “Off-Road Large Spark-Ignition Engines” are not certified by the Environmental Protection Agency (EPA) and California Air Resources Board (CARB).

Ben Wankerl says he owns a MY2013 Exmark Zero Turn Riding Mower which is equipped with an engine manufactured by Kohler.

He asserts that affixed to the engine is a sticker which confirms its compliance with Applicable Emissions Requirements. However, Wankerl claims that this representation is false.

To support his allegations, Wankerl points to self-disclosed emissions violations that were announced by Kohler in late 2015 and early 2016. The company reportedly filed a public consent decree with the EPA and CARB on Jan. 30.

The engines at issue are “small, nonroad, nonhandheld spark-ignition engines” that encompass Kohler’s “Small Off-Road Engines” and their “Off-Road Large Spark-Ignition Engines,” alleges the Kohler class action lawsuit.

As detailed in the consent decree with the EPA and CARB, the engines do not conform to the engine specifications which are described in the EPA certificates of conformity or CARB executive orders.

The plaintiff alleges that engine manufacturers are not allowed to sell any new engines unless they are covered by Certificate of Conformity issued by the EPA.

The Kohler class action lawsuit argues that, between the date of the self-disclosed emissions violations and the date of consent decree, there was a “secret undertaking to investigate, identify, and address the violations, including by commissioning a third-party audit of its internal emissions testing laboratory in 2016.”

The plaintiff argues that Kohler did not disclose the existence of the emissions violations to the plaintiff and potential Class Members in a timely fashion and did not recall, repair, or otherwise remedy the situation. 

“At all times, Kohler was and is under a continuous duty to disclose to Plaintiff and Class members the true standard, quality, and grade of the Class Engines and to disclose the Emissions Violations associated therewith,” claims the Kohler class action lawsuit.

Wankerl also argues that he and putative Class Members were deceived about the engines’ noncompliance with the EPA and CARB’s emissions requirements because Kohler actively concealed the emissions violations.

According to the Kohler class action lawsuit, had Wankerl known about the emissions violations, he would not have purchased the mower, or would not have paid as much.

“As a result of the Emissions Violations, Plaintiff and Class members were deprived of the benefit of their bargain in that they did not receive Class Engines that complied with the Applicable Emissions Requirements as warranted,” claims the plaintiff.

The plaintiff maintains that he and Class Members could not have reasonably discovered Kohler’s deception prior to the public disclosure of such on Jan. 30.

Wankerl is seeking relief for breach of express warranty, breach of implied warranty, violation of the Magnuson-Moss Warranty Act, negligent representation, and unjust enrichment.

Do you own a Kohler product with an engine that was not certified by the EPA or CARB? Leave a message in the comments section below.

The plaintiff is represented by Frederick J. Klorczyk III of Bursor & Fisher PA.

The Kohler Engine Class Action Lawsuit is Wankerl v. Kohler Co., Case No. 2:20-cv-00374, in the U.S. District Court for the Eastern District of Wisconsin.

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