Mower Makers Overstate Engine Power, Consumer Suit Says

The makers and sellers of lawn mowers exaggerate mower engine horsepower to get consumers to pay high prices for machines touted as better and stronger than competitor models, according to a Texas federal court lawsuit.

The suit, filed in the U.S. District Court for the Eastern District of Texas, charges 12 manufacturers and retailers with conspiring to misrepresent engine power.

Three Texas residents who bought mowers in the spring filed the suit on behalf of all state residents who purchased a mower for household or commercial use over the last 14 years.

The named defendants are 12 companies that manufacture and sell lawn mowers and engines. About 6 million mowers are sold each year, according to the complaint.

Horsepower is the unit that categorizes mowers' power. A higher horsepower produces more engine power, resulting in a faster mower.

Consumers rely heavily on the horsepower measurement when making purchasing decisions, and the misleading horsepower ratings prevent customers from making informed decisions, the suit says.

The defendants allegedly advertise horsepower units on product labels and other material that is much higher than the machines' true horsepower.

By misrepresenting the mowers' power, the defendants can charge more for an engine labeled as having higher horsepower, the suit says.

According to the complaint, the defendants conspired to deceive customers with the misrepresentations. The companies allegedly meet as a "power-labeling task force" to discuss ways to conceal the truth about horsepower labeling from consumers.

At a 2001 meeting, the complaint says, the task force decided to post a disclaimer titled "understanding horsepower" on the Outdoor Power Equipment Institute's Web site to confuse customers. The disclaimer allegedly contained misleading information on horsepower.

The OPEI is a legitimate international trade association of outdoor equipment manufacturers and suppliers, the suit says.

The Clean Air Act requires small-engine manufacturers to submit maximum horsepower ratings of their products to the Environmental Protection Agency, the complaint says.

The defendants have reported legitimate ratings to the EPA that are significantly lower than the inflated numbers used in mower advertising, according to the suit.

They breached customer warranties by misrepresenting the quality of the products sold and conspiring to conceal the truth, they plaintiffs allege.

They seek punitive damages and injunctive relief on behalf of the class.

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Bennett is represented by John D. Sloan Jr. of Sloan, Bagley, Hatcher & Perry in Longview, Texas.