Consumers Union Counters Isuzu Charges About SUV Rollover Test
11 February 2000
Freedom of Press is Tested as Consumers Union Counters Isuzu Charges About SUV Rollover Test
LOS ANGELES--Feb. 10, 2000--Consumers Union (CU), the publisher of Consumer Reports, has branded claims made by Isuzu Motors Limited as an unwarranted challenge to the First Amendment at the opening of a jury trial in federal court here."The evidence that we will present shows clearly that Consumers Union conducted fair tests of the 1995 and 1996 Isuzu Trooper," said CU's lead trial counsel Joseph W. Cotchett, "and the U.S. Constitution guarantees that Consumer Reports has a right to publish the results of those tests."
Isuzu must prove that CU's findings are false. Further, it must demonstrate by "clear and convincing evidence" that CU published its findings about the Trooper with "actual malice," that is, that CU knew that its findings were false or that it displayed a "reckless disregard for the truth."
CU stands firmly by the validity of its tests and findings. "The claims that Isuzu is making against Consumers Union defy the facts," said Cotchett.
CU's evidence shows that 59 sport-utility vehicles and another 30 minivans and small trucks have been tested on its emergency avoidance short course. Of those 89 vehicles, only two have suddenly tipped up so severely that CU declared them "Not Acceptable"--the Suzuki Samurai in 1988 and the Trooper in 1996.
During opening statements yesterday, Cotchett pointed out that the first time the Trooper tipped up severely on the course, the vehicle was not equipped with safety outriggers that protect a test driver from a roll-over. "The tip-up came as a surprise to the testers," Cotchett explained. "Even an expert driver could be seriously hurt or killed if the vehicle had rolled over completely."
Isuzu charges that CU purposely rigged its testing because CU allegedly faced a drastic decline in circulation and revenue in 1996. However, CU will introduce evidence showing that CU's total revenues increased each year between 1989 and 1999.
Cotchett also showed the jury that Consumer Reports had recommended the Trooper to its readers for several years prior to the tests in 1996, and that Isuzu never complained about the short-course until its vehicle flunked the test. "CU believed it had an obligation to inform the public about the safety hazard, once it showed up in their tests," he said.
Isuzu has filed papers indicating that it will seek $300 million in damages, much of it from lost sales. However, Cotchett showed the jury an internal Isuzu memo written in April 1997 that attributed the decline in Trooper sales during 1996 to stronger competition, a lack of advertising, a large carryover of 1995 models, and aggressive leasing programs.
CU President Rhoda H. Karpatkin said, "We would never distort or falsify our test results for any purpose. Our credibility and the public's trust in our work are our most precious assets."
A jury of eight women and two men from the Los Angeles area are expected to hear and consider evidence in the case for about six weeks before they reach a verdict. The case is being heard in federal district court in downtown Los Angeles, the hometown of Isuzu's American distributor.
Consumers Union, the publisher of Consumer Reports, is an independent, nonprofit testing and information-gathering organization, serving only the consumer. We are a comprehensive source of unbiased advice about products and services, personal finance, health, nutrition, and other consumer concerns. Since 1936, our mission has been to test products, inform the public, and protect consumers.