Ford Class Action Says Super Duty Trucks Cheat Emissions

A new class action alleges that Ford Super Duty Trucks are equipped to cheat emissions tests, but are advertised as environmentally friendly.

Lead plaintiffs, including residents of five different states, allege in their class action lawsuit that Ford F-250 and F-350 Super Duty trucks with the 6.7-liter Power Stroke diesel engines can beat emissions tests. The trucks’ emissions tests comes out substantially lower than the actual emissions produced by the trucks, allege the plaintiffs.

While Ford advertises the trucks as cleaner than other diesels on the road, the plaintiffs call them “Super Dirty” because of the emissions cheating software Ford allegedly used. The plaintiffs say that emissions testing by experts revealed that Ford Super Duty diesels emit 2.4 times the allowed emissions under law.

According to the Ford class action lawsuit, Ford has used emissions cheating software since 2011. The plaintiffs accuse Robert Bosch of Germany and its American subsidiary of producing the device. The Ford class action alleges that in 2011, Bosch conspired with Ford and other automakers, including Volkswagen and Fiat Chrysler, to include the “defeat” device in vehicles. The plaintiffs point out that Ford’s certificate of compliance to the federal government does not include a disclosure of the emissions beating software from Bosch.

The Ford class action lawsuit alleges that Ford promised the “Cleanest Super Diesel Ever” and that it used “proven technology and innovative Ford strategies to meet the latest federal emissions standards.” Further, Ford claimed the F-250 and F-350 Super Duty trucks were “best-in-class” with respect to fuel economy.”

“[T]his is not what Ford delivered in the top selling 2011–2017 F-250 and F-350 Super Duty diesels on the road,” states the Ford class action lawsuit. “In contrast to Ford’s promises, scientifically valid emissions testing has revealed that the Super Duty vehicles emit levels of [nitrogen oxide (NOx)] many times higher than (i) their gasoline counterparts; (ii) what a reasonable consumer would expect; (iii) what Ford had advertised; (iv) the Environmental Protection Agency’s maximum standards; and (v) the levels set for the vehicles to obtain a certificate of compliance, which allows them to be sold in the United States.”

“Further, the vehicles’ promised power, fuel economy and efficiency, and towing capacity is obtained only by turning off or turning down emission controls when the software in these vehicles senses that they are not in an emissions testing environment,” the Ford class action claims.

The plaintiffs say that they and other Ford Super Duty owners and lessees paid over $8,000 more for the vehicles based on their advertised low emissions. Further, alleges the Ford class action, Ford is in violation of the Clean Air Act for putting the air polluting vehicles on the road in violation of emissions standards.

The Ford truck owners are represented by Steve W. Berman of Hagens Berman Sobol Shapiro LLP, E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC, James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC, and Christopher A. Seeger of Seeger Weiss LLP.

The Ford Super Duty Emissions Class Action Lawsuit is Gamboa, et al. v. Ford Motor Co., et al., Case No. 2:18-cv-10106, in the U.S. District Court for the Eastern District of Michigan.