GM Failed to Warn that Flex Fuel Cars Can’t Run On Only E85, Class Action Claims [DISMISSED]

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General Motors has been hit with a proposed class action over its alleged failure to disclose that its Flex Fuel vehicles cannot regularly operate on 85-percent ethanol (E85) fuel alone without damage. 

More specifically, the 18-page case says that GM does not inform vehicle owners that they must alternately fill their cars with E85 and gasoline. Although GM shares warnings in a vehicle’s owner’s manual with regard to lower mileage for E85 fuel and the incompatibility of E85 with low temperatures, the automaker is mum regarding the consistent use of E85, the lawsuit relays. 

According to the suit, internal GM documents state that “excessive use of E85” may cause an internal fuel pump plunger to stick, which, in turn, can cause a sudden lack of power and require costly repairs. The filing claims that GM has known of the problems linked to exclusive E85 usage since at least 2016, as evidenced by several technical service bulletins. 

“This issue is not disclosed to consumers, who find out about the problem when it occurs,” the case says. “If the person is operating the vehicle on the highway at the time it occurs, it is a significant safety hazard.” 

General Motors represents to the public that its Flex Fuel vehicles can “run on E85 ethanol, gasoline, or any combination of the two,” the suit stresses. According to the complaint, E85 sold earlier this year for about $1.50 to $2 less per gallon than gasoline, and Flex Fuel vehicles are more valuable than comparable vehicles that run on only gasoline, per the case. 

The lawsuit argues that GM’s claim that its Flex Fuel vehicles can “run on E85 ethanol, gasoline or any combination of the two” negates any requirement that ethanol and gasoline must be used alternatively. 

The case says that the owner’s manual for the plaintiff’s used 2016 Flex Fuel Chevy Impala includes no warning about alternating between E85 fuel and gasoline, or filling up with gasoline every other tank or every third tank, to prevent damage. Moreover, the owner’s manual states that “[t]he use of E85 or FlexFuel is encouraged when the vehicle is designed to use it,” which the complaint argues is “flatly contrary to the proposition that frequent use of gasoline is necessary.” 

According to the filing, the plaintiff, an Illinois resident, began using E85 fuel regularly when the price of gasoline increased in 2022. In April, the plaintiff’s check engine light came on and the vehicle lost power, the case says.

When the plaintiff brought his vehicle in for repair, he learned that its fuel pump needed to be replaced, the suit continues. Per the complaint, the dealer asked the plaintiff if he was using E85, specifically if he had mixed it with gasoline. When the plaintiff shared that he had been using E85 exclusively, he was informed that he should have been alternating with gasoline between fill-ups, the lawsuit says. 

After failing an emissions test this summer, the plaintiff learned that his vehicle would need a new mass air flow sensor due to the fuel pump problem related to his exclusive use of E85, the complaint relays. 

The lawsuit looks to cover all persons with an Illinois address who bought a new or used GM Flex Fuel vehicle within the last three years. 

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