In a proposed class-action lawsuit filed on Thursday, law firm Hagens Berman Sobol Shapiro LLP said Mercedes vehicles using BlueTEC diesel technology shut down pollution controls when temperatures drop below 50 degrees Fahrenheit, producing nitrogen oxide emissions more than 65 times higher than U.S. Environmental Protection Agency standards permit.
"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 court filing said. "Mercedes never disclosed that, when the temperature drops below 50 degrees, it prioritizes engine power and profits over people." The lawsuit alleges plaintiffs suffered damages because of "deception," because they thought they were buying environmentally friendly cars.
Mercedes-Benz did not respond to a request for comment. A spokesperson for the Environmental Protection Agency said the agency's testing of previously certified light-duty diesel vehicles is ongoing, and that the agency does not comment on private lawsuits.
In an advertisement on Mercedes-Benz website, the automaker says "today's BlueTEC models are simply the world's most advanced diesels, with the ultra-low emissions, high fuel economy and responsive performances that makes them not merely available in all 50 states, but desirable."
Emissions controls on the BlueTec vehicles include a diesel particulate filter and a selective catalytic reduction system, which plaintiffs say turns off below 50 degrees to help the cars maintain their high-performance driving characteristics.
Mercedes-Benz diesels with BlueTec technology that are implicated, according to the plaintiffs, include the: ML 320, ML 350, GL 320, S 350, E 320, R 320, E Class, GL Class, ML Class, R Class, S Class, GLK Class, GLE Class and Sprinter.
