A court ruled Nov. 12 that a lawsuit may continue against Ford for misstating its mileage estimates of its C-MAX and Fusion hyrbid cars.

Ford attempted to dismiss the lawsuit based on its claim that the mileage estimates provided by the Environmental Protection Agency, were in part, an estimate and that “actual results may vary.” Car owners suing the automaker pointed to Ford’s media blitz that included Ryan Seacrest in Times Square with a bunch of billboards and T-shirts with the number 47 on them and “47 Challenges, 47 Days” marketing push and Facebook posts that the cars would achieve a “EPA-certified 47 mpg city and 47 mpg highway ratings for a 47-mpg combined rating” — among many other 47-branded things — when the cars didn’t come anywhere close.*

*Actual mileage did vary.

“Ford implicitly recognized that its advertising campaign was misleading,” U.S. District Judge Kenneth M. Karas wrote in the ruling. (Read More…)