Status: In progress

Elias, et al. v. Nissan North America Inc.

A recent class action lawsuit alleges the positive crankcase ventilation, or PCV, system in certain 2022-2023 Nissan Rogues is responsible for allowing gas fumes inside the vehicles' interiors.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Anne Bucher  |  April 19, 2023

Category: Auto News

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Nissan Rogue on showroom floor
(Photo Credit: Steve Lagreca/Shutterstock)

Nissan PCV class action lawsuit overview:

  • Who: Plaintiffs Michael Elias and Kelly Warner filed a class action lawsuit against Nissan North America Inc.
  • Why: Nissan allegedly knew its 2022-2023 Rogue vehicles have a positive crankcase ventilation (PCV) system defect that emits noxious gas fumes into the vehicle interior.
  • Where: The Nissan PCV class action lawsuit was filed in Tennessee federal court.
  • What are my options: Try Advance Auto Parts for accessories and parts for your Nissan Rogue.

Nissan North America Inc. has known some of its Nissan Rogue vehicles have a defective positive crankcase ventilation (PCV) system that allows gas fumes to seep from the engine compartment into the vehicle interior, a class action lawsuit alleges.

Plaintiffs Michael Elias and Kelly Wemer each claim they purchased a new 2023 Nissan Rogue vehicle in December 2022. Shortly after purchasing the vehicle, the plaintiffs claim, they noticed a strong smell of gasoline in the interior of their vehicles.

Elias and Warner took their vehicles into a Nissan dealership to complain about the gasoline odor in their vehicles and were told the gas fumes smell was a known issue for which there is no fix, the Nissan PCV class action lawsuit says.

Nissan reportedly began selling the affected Rogue vehicles in October 2021. They feature a 1.5-liter KR15DDT three-cylinder variable compression turbocharged engine, which Nissan described as “the most advanced engine” the automaker has ever produced in the United States.

However, the plaintiffs say, the engines are defective and “emit noxious gasoline odors that make driving the class vehicles unsafe, unpleasant and undesirable.”

The defect is allegedly the result of one or more defective components within the engine’s PCV system that allow fuel to seep through porous rubber components, resulting in strong gas fumes emanating from the engine into the vehicle’s interior compartment.

Nissan PCV defect is the subject of numerous NHTSA complaints, plaintiffs say

Nissan has known about the gas fumes defect since at least 2022, the plaintiffs say. They point to a number of complaints made to the National Highway Traffic Safety Administration (NHTSA) by Nissan Rogue owners who claim the strong gas fumes in the vehicle interior caused them to experience headaches, dizziness, nausea and other physical ailments.

Many NHTSA complaints indicate Nissan has failed to adequately repair the gas fume defect under the vehicle’s warranty.

The plaintiffs filed the Nissan PCV class action lawsuit on behalf of themselves and a proposed class of owners and lessees of 2022-2023 Nissan Rogue vehicles.

The Nissan PCV class action lawsuit asserts claims for breach of warranty and unjust enrichment.

A federal judge recently denied Nissan’s attempt to escape a class action lawsuit over allegedly faulty brake systems in some of its vehicles.

Have you smelled gas fumes due to the alleged Nissan PCV defect? Tell us about your experience in the comments!

The plaintiffs are represented by Susan S. Lafferty of Lafferty Law Firm Inc.

The Nissan PCV class action lawsuit is Michael Elias, et al. v. Nissan North America Inc., Case No. 3:23-cv-00348, in the U.S. District Court for the Middle District of Tennessee.


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4 thoughts onNissan Rogue class action alleges PCV system responsible for gas fumes inside vehicle

  1. Louis p Matulich says:

    I own a 2023 nissan rouge with the same odor of oil fume smell out side and inside the car.i just had an updated hose installed today 5/1/24 with 6,600 miles will drive the car and see if it will fix the odor fault of the oil smell.?

  2. Salvatore (Ted) Muccio says:

    We just leased a 2023 Rogue SV and aftewr 3,200 miles we started getting the gas smell, our garage was awful we had to keep the door open to vent the smell. We complained to the dealer and they did put in a different hose but it sounds like it will happen again. very dissapointing that they knowingly sell cars with these issues and people have to fine out on their own.

  3. Patricia mohr says:

    Hi, my name is Patricia Mohr and I bought a 21 rogue and ever since we’ve had the car from time to time we noticed a severe gas smells inside the cabin and we never knew what it was until this year until we read the lawsuit and we mentioned to Nissan once or twice and they said that it was nothing and so they sent us on our way I’m worried about the car breaking down sooner than it should because of the dilution in the oil pan of the oil and I’m also worried about our health and my dogs health from the fumes

  4. James Mull says:

    21 rogue strong gas smell inside. Very scary and will make you dizzy

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