NHTSA looking into potentially lethal carbon

monoxide emissions building up inside 2011-2014

Ford Explorers

The National Highway Traffic Safety Administration (“NHTSA”) has announced that it is looking into

complaints from owners of 2011-2014 Ford Explorers where exhaust fumes and carbon monoxide

are allegedly backing up into the vehicles creating potentially dangerous conditions.   NHTSA

spokeswoman, Karen Aldana, commented on June 20, 2014 that the agency “is aware of the

complaints involving 2011-2014 Ford Explorers” and “is reviewing all available data and will take

appropriate action as warranted.”   To date, over 15 complaints have been lodged by consumers on

NHTSA’s website regarding this issue.  Further, a class action lawsuit was recently filed in the

United States District Court for the Southern District of Florida against Ford Motor Company for the

same problem. 

While Ford Motor Company has yet to take official responsibility for the emission leaks, its engineers

are seemingly aware there is a problem.  In fact, on December 10, 2012, Ford Motor Company

issued a Technical Service Bulletin (“TSB”) that describes a very similar condition that is being

reported to NHTSA.  Per Ford’s TSB 12-12-4, Ford admits that “some 2011-2013 Explorer vehicles

may exhibit an exhaust odor in the vehicle” and that the “odor smells like sulfur.”  Ford’s bulletin

provides its dealers with a 12 step repair to address the condition.  Unfortunately, many owners of

Ford Explorers are reporting that the TSB does not fix the problem.  

Importantly, while NHTSA has not yet initiated an official investigation into the reported carbon

monoxide leaks, existing federal law provides consumers with recourse.  In 1975, Congress passed

the Magnuson-Moss Warranty Act, a remedial federal law that provides protection to consumers who

buy or lease consumer products with warranties.   Per the federal Warranty Act, if warrantors fail to

comply with their obligations in their warranties, consumers may bring lemon law suits in state or

federal court for breach of warranty.  Consumers may seek money damages, including attorneys’

fees and costs 

Therefore, whether you are experiencing sulfur odors and carbon monoxide leaks in your Ford

Explorer or whether you have any other recurring defects in your vehicle, you may have rights under

federal or state lemon laws.  The experienced attorneys at Krohn and Moss, Ltd. Consumer Law

Center ® have successfully handled over 35,000 lemon law claims since 1995.  We offer a FREE

CASE REVIEW for you to assess whether we can assist you with your lemon car, truck, SUV, or

other vehicle and a free and quick Lemon Law case evaluator.  Please do not hesitate to contact us

toll free at 1-800-875-3666 or visit our website athttp://www.yourlemonlawrights.com

About the Author

Scott M. Cohen has been employed as an attorney at Krohn & Moss, Ltd. since 1996. He earned his

Bachelor of Arts degree in Political Science from the University of Illinois in Champaign-Urbana in

1993 and his law degree from Ohio Northern University, Pettit College of Law in 1996. While at Ohio

Northern University, he was an Associate Editor of the Ohio Northern University Law Review. Mr.

Cohen has successfully handled thousands of consumer actions by means of settlement, court

ordered arbitration, mediation, trial, or appeal.