From other reading (I don't remember where, perhaps Auto News or the Los Angeles Times), I read that the testing those two were doing uncovered that Honda in particular set there spec to be within two percent, but that they didn't center the two percent around the true actual. They engineered it to be at 0 or two percent high.
All of the domestic auto makers used the same range, but centered on 0, so their average was colse to 0.
I would say that Honda cheated, and got caught.