The groups said the marketing of the E-Class “is likely to mislead a reasonable consumer by representing the E-Class as self-driving when it is not,” and could give consumers “a false sense of security in the ability of the car to operate autonomously.”
Update 7/28/2016: Mercedes-Benz has pulled the ads:
“The new 2017 E class is a technological tour de force and is a significant step towards achieving our vision of an accident-free future,” spokeswoamn Donna Boland wrote in an email. “We do not want any potential confusion in the marketplace to detract from the giant step forward in vehicle safety the 2017 E class represents
The letter to FTC Chairwoman Edith Ramirez was signed by Consumer Reports, the Center for Auto Safety, Consumer Federation of America, and Joan Claybrook, former administrator of the National Highway Traffic Safety Administration (NHTSA).
Consumer Reports also recently asked Tesla to remove its Autopilot software after the death of Joshua Brown.
The advocates pointed to a current Mercedes-Benz TV ad called “The Future,” which markets automated features available in the 2017 E-Class. A narrator’s voice-over says: “Is the world truly ready for a vehicle that can drive itself? An autonomous-thinking automobile that protects those inside and outside. Ready or not, the future is here.”
The groups noted that NHTSA classifies self-driving vehicles as those “in which operation of the vehicle occurs without direct driver input to control the steering, acceleration, and braking and are designed so that the driver is not expected to constantly monitor the roadway while operating in self-driving mode.”
The groups told the FTC’s Ramirez: “The E-Class does not meet the definition of either a fully or partially self-driving car, yet it is marketed in a way that a reasonable consumer would believe it does. In addition to a consumer possibly purchasing a car while being misled about its capabilities, the misrepresentations by Mercedes-Benz could give consumers a false sense of security in the ability of the car to operate autonomously. This misrepresentation is material because it significantly involves safety or is likely to affect a consumer’s conduct or decision with regard to the car.”
The TV ad includes fine-print language that includes the statement “Vehicle cannot drive itself, but has automated driving features,” but the groups noted that FTC guidance says “advertisers can’t use fine print to contradict other statements in an ad or clear up false impressions the ad might leave.”
The advocates said the FTC “should take enforcement action against companies that falsely, misleadingly, or unfairly claim that their cars drive autonomously when they actually require the steady control of a human driver.”