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Ford C-Max, Fusion hybrids subject of MPG lawsuit in California

A California lawsuit over the fuel economy claims for the 2013 Ford C-Max was first reported back in December. Based on the numerous reports we've heard of disgruntled owners failing to get their car's EPA fuel economy ratings on the C-Max and 2013 Fusion Hybrid, we suspected there would be more to this story. The Detroit News is reporting that two California law firms are combining their lawsuits against Ford on this matter for "false and misleading" claims.
The article states that there are hundreds of C-Max and Fusion Hybrid owners who have joined the lawsuit, but the issue isn't limited to customers. In December, Consumer Reports extensively tested both the Fusion Hybrid and C-Max and found that both hybrids performed significantly worse than their EPA claims. This all comes just a few months after Hyundai and Kia took the unprecedented step of lowering the fuel economy ratings for all of their 2012 and 2013 model-year vehicles.

EPA says fuel economy test for hybrids is accurate

The EPA says it stands behind its fuel economy test for hybrid vehicles following controversy about the testing process after Ford C-Max Hybrid customers and automotive journalists alike struggled to achieve 47 miles per gallon, the advertised mpg number, Automotive News reports. Ford responded to the issue almost two weeks ago by claiming that a 1970s-era EPA general label rule was responsible for the inaccurate mileage numbers, rerating the C-Max Hybrid's mpg numbers and offering customers rebates. Ford later said it didn't overstate the C-Max Hybrid's fuel economy and that it was surprised by the low numbers.
Ford technically didn't do anything wrong because it was following the general label rule, but agency regulator Christopher Grundler says the automaker was exploiting a loophole when it came up with the hybrid C-Max numbers, and that the testing process remains accurate. The general label rule allows vehicles that use the same engine and transmission and are in the same weight class to share fuel economy numbers, but it doesn't take into account other factors such as aerodynamic efficiency, which affects hybrids more drastically than non-hybrid vehicles. Ford originally used the Fusion Hybrid economy figures for the C-Max Hybrid and claimed the engineers didn't realize that its aerodynamic efficiency would affect fuel economy as much as it did.

2013 Ford Fusion Hybrid

Your Mileage May Vary
As difficult as it is to write this, I was actually excited about the 2013 Ford Fusion Hybrid. With the beautiful looks of the newest midsize fighter from Ford and a fuel economy estimate capable of shaming even the stalwart Camry Hybrid, the battery-augmented four-door seemed like a recipe for unabashed success. But appearances love nothing more than swapping our boundless enthusiasm for cold platters of disappointment. The 2013 Fusion Hybrid gets hobbled right out of the gate with a lofty price tag, and real-world driving keeps the sedan from even approaching those EPA figures.
With so many excellent midsize hybrids on the market, is there any reason to consider the newest Fusion Hybrid? Are sharp aesthetics, a well-executed interior and capable driving dynamics enough to overcome the machine's shortfalls? Not from where I'm standing.