Products Liability Law Reporter

The United States, on behalf of the U.S. Environmental Protection Agency (EPA), alleged that Xtreme Diesel Performance, LLC, violated the Clean Air Act in manufacturing, selling, and offering to sell aftermarket products that bypass emissions control systems equipped on diesel pickup trucks. According to the EPA, Xtreme Diesel sold and offered to sell at least 27,000 aftermarket defeat devices between January 2015 and May 2017. These allegedly included products designed to disable exhaust gas recirculation systems equipped on diesel pickup trucks.

The U.S. Department of Justice and the EPA reached a settlement with Xtreme Diesel, which outlines various compliance requirements. Among other things, Xtreme Diesel must not manufacture, sell, offer to sell, distribute, or install in a motor vehicle any of 263 specified products mentioned in the consent decree. The consent decree also requires Xtreme Diesel to deny all warranty claims for and stop providing technical support for the subject products, revise marketing materials, notify authorized dealers and customers of the settlement, and cease transferring or selling any intellectual property associated with the subject products.

Xtreme Diesel will also pay a civil penalty of more than $1.12 million over approximately two years.

Citation: United States v. Xtreme Diesel Performance, LLC, No. 2021CV01998 (D.N.J. Sept. 15, 2021).

Government counsel: Todd Kim, Davis Forsythe, and Deborah Gitin, all of San Francisco; and Rachael Honig and Alex Silagi, both of Newark, N.J.