Ford Can't 'Escape' Fuel Efficiency False Ad Suit

Law360, New York (February 12, 2014, 7:29 PM EST) -- A Colorado judge on Wednesday declined to find a putative class action alleging Ford Motor Co. overstated the 2013 Ford Escape SE's gas mileage to be preempted by federal law, saying Congress didn't bestow federal agencies with exclusive authority over fuel economy advertising.

U.S. District Judge R. Brooke Jackson ruled that Federal Trade Commission and U.S. Environmental Protection Agency regulations do not trump plaintiff John Gilles’ state law claims surrounding Ford's allegedly misleading statements, because Congress did not intend to preempt the entirety of the field....
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