Mercedes-Benz clean diesel models allegedly contain a device that causes the vehicles to violate US emissions standards when run at cooler temperatures, making them less environmentally friendly than advertised.
The allegation, made in a federal lawsuit filed on Thursday in New Jersey against the German automaker, mirrors similar claims that have beset competitor Volkswagen AG.
It was brought by a Mercedes owner in Illinois, who claims the automaker uses the device in its BlueTec cars to turn off a system meant to reduce nitrogen oxide in its exhaust.
Mercedes parent Daimler AG spokesman Joerg Howe called the claim “baseless” and said the company would review the complaint and defend itself.
The suit, filed by Hagens Berman Sobol Shapiro LLP, a law firm that has been active in pursuing consumer cases against Volkswagen, could not immediately be located in court records.
Daimler fell as much as 4.2 percent, the biggest decline since Feb. 4, and was down 2.1 percent to 63.36 euros at 9:12am in Frankfurt, Germany. The shares have dropped 19 percent so far this year, compared with a 12 percent dip for the benchmark DAX.
The claim comes five months after Volkswagen admitted it installed software in its diesel vehicles to cheat emissions testing, in a scandal that has rippled through the global auto industry.
While automakers generally acknowledge that tests conducted in labs and real-world emissions do not necessarily produce the same results, other manufacturers have denied that they also cheated.
Still, the scandal has tarnished the image of diesel engines, touted by manufacturers as a cleaner technology that is less harmful to the environment.
The device in Mercedes’ diesel models turns off pollution controls at temperatures below 10oC, allowing the cars to violate emissions standards, according to the complaint.
Seattle-based Hagens Berman said it based its allegation in part on an article appearing in this month’s edition of the German magazine Der Spiegel. The magazine reported that Mercedes admitted the shutoff is done to protect the engine, according to the complaint.
The firm also cites a study conducted by independent testing agency TNO for the Dutch Ministry of Infrastructure and the Environment, which said that in real-world testing, a Mercedes C220 emits more nitrogen oxide than measured in laboratory results.
“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 complaint read. “Mercedes never disclosed that, when the temperature drops below 10 degrees, it prioritizes engine power and profits over people.”
Even if Mercedes is able to make the cars compliant with emissions standards, those who drive them would suffer harm, because the vehicles would not perform as promised or advertised, Hagens Berman said in the complaint.
The suit is seeking a court order compelling Mercedes to recall the affected models or replace them for free, in addition to unspecified damages.
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