From the Washington Post comes clarification in simple terms: .... In some cases, the lawsuit alleged, identical engines were labeled with different horsepower ratings, leading consumers to believe they were getting more power by purchasing more expensive models.
Briggs advertised one engine as having 6.75 horsepower and yet told the Environmental Protection Agency the same engine had 3.6 horsepower, an 88 percent overstatement, according to the lawsuit.
At least since 1997, the engine manufacturers Briggs, Tecumseh, Kohler, Toro and Kawasaki have reported horsepower ratings to the EPA that were significantly lower than the ratings advertised to the public, the lawsuit said.
For Briggs, it wasn't an attempt to mislead anyone, according to Thomas R. Savage, a senior vice president at the company.
There are different testing protocols for the EPA than for the general public, Savage said. The EPA ratings are based on a "composite" of test results at different engine loads, while results for the public are based on an engine's full-power capabilities.
An Illinois judge dismissed the suit in March, but it may resurface.
"It's still not totally resolved because the judge did not tell us what portions of the suit he dismissed with prejudice or not. So in effect, it allows the lawyers to come back," said James E. Brenn, Briggs's chief financial officer.
Over the years, manufacturers in the intensely competitive small-engine business have used horsepower ratings as a marketing tool.
"Horsepower sells," said Jeff Hebbard, a vice president at Ariens, a manufacturer of lawn tractors and other outdoor power equipment in Wisconsin. "It doesn't always sell for the right reasons, but it does sell."
The horsepower race sounds like what has occurred with electric motors, where power claims have been embellished, said Kevin Brady, a Minneapolis lawyer and engineer not affiliated with the horsepower lawsuit.
"You can exaggerate a bit and not get in trouble," Brady said. "It's called puffing."
Jim Nicholson states what follows: In reality hook it to a dyno and crank it up to the max and load it till it produces a real graph of HP and torque. Look at the graph. It will not tell you which one will last longer, it will tell you which one is more powerful. If you also measure the fuel used while on the dyno at every point on the graph, and assuming the fuel is correct for the engine, the coolant temps are correct, and the engine lubrication is nominal, and atmospheric pressure and humidity are controlled as well as ambient air temperature, and the engine is connected to intake filtration as it would be in the equipment, it might provide real information. I know a guy that claims to be able to jump flat footed over a 5 foot fence. I think he exaggerates some. Jim
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