To no one’s surprise, the VW cheating emissions scandal kickstarted enquiries in other automakers that sold oil-burners in the U.S. market.

In April, owners of Mercedes-Benz cars from 13 states filed a class action lawsuit against the German automaker over its BlueTEC diesels. They claimed that Mercedes “deceived consumers by knowingly programming its BlueTEC vehicles to release illegal levels of emissions in virtually all real world driving conditions”.

As Autonews reports, New Jersey District Judge Jose Linares dismissed their case on the grounds that the plaintiffs failed to show they had indeed viewed Mercedes’ ads about the technology. He did, however, allow them to revise their complaint, which means that this could be far from over.

The BlueTEC system uses urea to eliminate NOx emissions from diesel engines. The automaker has, from the beginning, refused to any wrong doing on its part and announced it was open to cooperate with U.S. authorities when the latter asked to evaluate its vehicles.

Photo Gallery