GM class action claims E85 fuel damages Flex Fuel vehicles

GM E85 Flex Fuel class action

• Who: The owner of a General Motors (GM) “Flex Fuel” vehicle is suing the automaker
• Why: The plaintiff says GM does not make it clear to consumers that if they only use 85% ethanol fuel the vehicle will become damaged
• Where: Illinois federal court

General Motors sells Flex Fuel vehicles that claim they are designed to operate on 85% ethanol (E85) ethanol fuel, however cannot be operated solely on E85 fuel without damage, a new class action lawsuit alleges.

Plaintiff Michael Fleury filed the class action complaint against General Motors LLC (GM) July 26 in an Illinois federal court, alleging violations of the Consumer Fraud Act, common law fraud and breach of express warranty.

“Defendant GM represents that the vehicles will operate on E85,” Fleury says. “Defendant does not disclose that the owner must alternately fill the vehicle with E85 and gasoline.” 

Fleury says, while the vehicle comes with other warnings about lower mileage and incompatibility of E85 with low temperatures, there are no warnings about alternating E85 with gasoline to prevent damage.

Vehicle lost power during use

Fleury says he has a 2016 Chevrolet Impala Flex Fuel vehicle, made by GM. In 2022, after the price of gasoline increased, he began using E85 regularly in the car, after checking his owner’s manual, he says.

In April 2022, while Fleury was driving, the check engine light came on and the vehicle lost power. At the dealer, he was told his problems were related to the use of E85 fuel, he alleges.

“This issue is not disclosed to consumers, who find out about the problem when it occurs. If the person is operating the vehicle on the highway at the time it occurs, it is a significant safety hazard,” Fleury states.

The lawsuit claims problems with Flex Fuel vehicles malfunctioning while using E85 fuel are well known by GM.

“GM could easily have notified Flex Fuel vehicle owners that they should fill their vehicles with gasoline at periodic intervals. However, doing so would have diminished the public desire for and perceived value of Flex Fuel vehicles,” it states.

Fleury is looking to represent anyone in Illinois who bought a new or used GM Flex Fuel vehicle in the past three years. 

He’s seeking certification of the class action, damages and costs. 

Earlier this month, General Motors was hit with a class action lawsuit alleging it designed, manufactured and distributed model year 2013-2022 Chevrolet Malibu vehicles containing a defective engine part that can cause a loss of braking capability. 

What do you think of the allegations against GM? Let us know in the comments! 

The plaintiff is represented by Daniel A. Edelman of Edelman, Combs, Latturner & Goodwin, LLC.

The General Motors E85 Flex Fuel class action lawsuit is Michael Fleury v. General Motors LLC, Case No. 1:22-cv-03862 in the U.S. District Court for the Northern District of Illinois Eastern Division. 

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