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The encyclopedia · Advertising & PR · Marketing decision · 2016

VW sold Canada 'clean diesel' — the settlement was $2.1 billion

Dec 2016: Volkswagen and Audi paid up to $2.1B to Canadian owners and a $15M penalty — their 'clean diesel' ads promoted cars rigged to cheat the tests.

Volkswagen Group Canada · Audi Canada · 2016-12

What happened

For years, Volkswagen and Audi promoted their 2.0-litre diesel vehicles in Canada as cleaner than comparable gasoline cars — 'clean diesel' was the selling proposition. The cars carried software that recognized emissions testing and cheated it; on the road they emitted far more than the law allowed. The Bureau concluded the environmental marketing claims were false or misleading: the cars were advertised as cleaner than equivalent gasoline engines when the advertising was built on rigged results.

The consent agreement announced 19 December 2016 combined a class-action settlement — buyback and restitution payments totalling up to $2.1 billion, one of the largest consumer settlements in Canadian history — with a $15 million penalty for the misleading claims themselves. A second round followed in 2018 for 3.0-litre vehicles, adding up to $290.5 million.

The Bureau's case treated the advertising as its own wrong, separate from the emissions fraud it advertised: the cheat device was the engineering failure, but the clean-diesel campaign was what Canadians bought. Every claim built on a rigged test is a claim the advertiser knows to be false before the ad runs.

Why it happened

  • 'Clean diesel' was the selling proposition — the environmental claim was what the cars were marketed on.
  • The claims rested on emissions results produced by cheat software, so the advertiser knew the basis was false.
  • The Bureau separated the advertising wrong from the emissions fraud and priced each.
What it costup to $2.1B + $15M penaltycatastrophic

The lesson

An environmental claim built on manipulated tests is a lie the advertiser knows before the ad runs: the regulator prices the advertising wrong separately from the engineering wrong that produced it.

Aftermath

VW later paid a further $17.5M administrative penalty in 2020 and the company pleaded guilty to environmental offences. Canada's total compensation across the diesel settlements approached $2.4 billion.

Sources

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