Mercedes-Benz Hit With Diesel Emissions Class Action Lawsuit

On Feb. 18, Mercedes-Benz was accused of false advertising, and misleading consumers about its clean diesel engines. Like the Volkswagen diesel emissions scandal, Mercedes is accused of using technology to lower its emissions rating during testing conditions. Specifically, the putative class action alleges that Mercedes-Benz designed its “BlueTEC” engine emission system to shut off when the air temperature is below 50 degrees Fahrenheit, and failed to tell this to the public.

“Mercedes never disclosed to consumers that Mercedes diesels with BlueTEC engines may be ‘clean’ diesels when it is warm, but are ‘dirty’ diesels when it is not,” the class action complaint states. It continues, “Mercedes never disclosed that, when the temperature drops below 50 degrees, it prioritizes engine power and profits over people.”

The Mercedes-Benz diesel emissions class action lawsuit claims that diesel fuel is more powerful and efficient than gasoline, but is also much more polluting. For example, diesel engines produce combinations of nitrogen and oxygen, NOx, that have been linked to respiratory problems in people and are harmful to the environment. Because of bi-products like NOx, the Environmental Protection Agency (EPA) imposes strict standards on diesel engines, which the “BlueTEC” diesel engine was supposed to meet.

The class action cites numerous claims by Mercedes-Benz about its clean diesel engine, such as “the world’s cleanest and most advanced diesel,” and that it is “Earth Friendly.” Plaintiff Ulyana Lynevych states that she purchased a Mercedes-Benz ML 350 in August of 2014, relying on claims about the clean diesel engine.

However, those “representations are deceptive and false,” according to the class action lawsuit. The complaint claims that Mercedes-Benz “has programmed its BlueTEC vehicles to turn off the NOx reduction systems when ambient temperatures drop below 50 degrees Fahrenheit.”  Because emissions testing often occurs indoors, the temperature trigger is never met. However, the complaint continues, road tests have recorded pollutant levels up to “65 times higher” than EPA limits.

Plaintiff Lynevych seeks to represent a class of all persons who bought Mercedes-Benz vehicles with a BlueTEC clean diesel engine in the following models: ML 320, ML 350, GL 320, E320, S350, R320, E Class, GL Class, ML Class, R Class, S Class, GLK Class, GLE Class, and Sprinter.

The Mercedes-Benz diesel emissions class action lawsuit alleges that because of the company’s deceptive advertising, Class Members have and will incur losses for “future attempted repairs, future additional fuel costs, decreased performance of the vehicle, and diminished value of the vehicle.” The lawsuit seeks restitution for those damages, as well as court orders stopping the company from falsely advertising its clean diesel engines. The plaintiff also wants Mercedes to start a recall or offer a free replacement program.

In related legal news, lawyers in the U.K. Mercedes-Benz emissions fraud scandal say the most recent Mercedes recall proves even more evidence for dirty diesel emissions.

Plaintiff Ulyana Lynevych is represented by James E. Cecchi of Carella, Byrne, Cecchi, Olstein, Brody & Angello, P.C., Steve W. Berman and Sean R. Matt of Hagens Berman Sobol Shapiro LLP, David Freydin and Timothy A. Scott of the Law Offices of David Freydin, PC, and Jeffrey S. Goldenberg of Goldenberg Schneider, L.P.A.

The Mercedes-Benz Diesel Emissions Class Action Lawsuit is Ulyana Lynevych v. Mercesdes-Benz USA LLC, Case No. 2:33-av-00001, in the U.S. District Court for the District of New Jersey.

UPDATE: On Dec. 5, 2016, following a judge’s dismissal, plaintiffs in a Mercedes-Benz class action lawsuit will have a chance to re-plead their allegations that the company’s BlueTEC diesel engines were designed to cheat emissions tests.