Despite German authorities concluding that VW Group diesels were the only ones fitted with emission cheating devices, not all are of the same mind.

In the latest chapter of the now infamous Dieselgate, owners of Mercedes-Benz diesel cars from 13 states in the US have filed a class action lawsuit against the automaker in the District Court of New Jersey, New York.

They state the automaker “deceived consumers by knowingly programming its BlueTEC vehicles to release illegal levels of emissions in virtually all real world driving conditions” – and they claim they have substantial evidence.

“When put to the test of real world conditions, Mercedes’ ‘clean’ diesel cars fail at nearly every opportunity to live up to the ecofriendly branding Mercedes plastered onto these vehicles,” said Steve Berman, managing partner of law firm Hagens Berman who represents the owners. “According to our research, all signs point to Mercedes installing a defeat device, similar to what Volkswagen implemented, to cheat emissions tests. We intend to unveil everything Mercedes knows.”

Mercede-Benz USA denied all accusations: “We consider this class action lawsuit to be unfounded. Our position remains unchanged: A component that inadmissibly reduces emissions is not used in Mercedes-Benz vehicles“.

On their part, the owners cite a study conducted by TNO for the Dutch Ministry of Infrastructure and the Environment showing that, in real world testing, the C-Class 220 emits much higher NOx than in controlled dynamometer tests, adding that “in most circumstances arising in normal situations on the road, the systems scarcely succeed in any effective reduction of NOx emissions.”

Moreover, they claim that, at low temperatures and variable speeds, BlueTEC diesels produced emissions as high as 30.8 times the standard and, thus, not only does Merc break several laws, but its practice “constitutes breach of contract and fraudulent concealment.”

The law firm advises owners of the ML 320 and 350, GL 320, E320, S350, R320, E-Class, GL-Class, ML-Class, R-Class, S-Class, GLK-Class, GLE-Class and Sprinter fitted with a BlueTEC diesel engine to contact it and learn more about the case.

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