I always got a seperate engine manual with my mowers explaining how the HP was tested, elevation it was tested at, etc.....ie: tested in a lab with no load before being installed on the final product....ie mower, blower, water pump etc. I get that they just male the engine and have little control over what it ends up on, and don't really see this as "fraud". I am fine with that, these cheap mowers I picked up over the years did the job just fine, and more HP means more $$, which is also fine with me, I could care less what the rating was as long as it cut grass and didn't blow up. I can't really say I have suffered any "damages" due to the overstated HP ratings on cheap mowers I bought. In fact, I will likely suffer more "damages" buying future cheap mowers as a result of this stupid lawsuit.
Definately some dishonesty going on, but it seems more directed at the EPA then the consumer.....
Quote:
Defendants knowingly advertise, market and sell identical engines with varying horsepower ratings and labels, thereby representing (directly and by implication) that these identical engines are different. In fact, these engines are identical on the basis of horsepower. Defendants sell these identical, but differently and misleadingly labeled, engines at different prices—with higher prices for engines falsely labeled with purported higher horsepower. Defendants thereby represent that the products are different when they are not but, rather, contain identical engines.
89. For example, Tecumseh reported to the EPA that its LV195 lawn mower engine produces 3.67 horsepower, yet Tecumseh represented to the consuming public, including to Plaintiff, on labels and elsewhere, that the LV195 engine produces 6.75 horsepower. This is an overstatement of approximately 84%.
90. Similarly, Briggs & Stratton reported to the EPA that its Model 125k lawn mower engine produces 3.6 horsepower, yet Briggs & Stratton represented to the consuming public, including Plaintiff, that its Model 125k engine produces 6.75 horsepower. This is an overstatement of about 88%.
