Is Volkswagen breaking the law w/this TDI ad by advertising non-EPA method mileage?

(Hope there isn't a thread on this already).
While glancing at an article on politico.com (no, I'm not political and haven't even visited this site before) I noticed this ad on the right side and the claimed mileage figures (which seemed high).

At the bottom, there's a legal disclaimer that when clicked on leads to the second image. Hmmm.... :tsk:

Seems like a slippery slope to me. Don't like the EPA numbers? Go hire someone else to run some tests and "certify" it.

Wow, that doesn't seem right. It's that sort of advertising that caused the EPA to standardize mileage testing. I wonder how they get away with publishing a non-EPA value?

Tom

I was out yesterday and some guy seemed to want to rag on Prius and impress me with his friends Jetta getting 65 miles per gallon and it cost him only $22,000. I congratulated his friend, expressed my satisfaction & joy with my Prius, and moved on. It was an interesting experience. I think there was a bit of envy or jealousy, or maybe wanting to start an argument, but I didn't want to play. TK

I've always wondered why corporate Toyota never did "testimony" advertising. For example, it's NOT legal for an MD to tell you that a drug will do more than what it's suposed to do ... but a lot of times it IS legal for (what is in essence) snake oil salespeople to get their customers to tell all kinds of miracles the customer experiences.

In the same vein, think what the TV ad would be like for Prius ... folks showing their MFD's ... "look !! I got over 70mpg averaged over my last tankfull! ... Look !! I went over 800 miles on this tank" ... etc.

That is not the first time I've cars advertised with MPG differing from the EPA sticker. Even on the official window sticker there is a range of mileage listed. For example a 2005 Ford Escape Hybrid has an official rating for 33 City and 29 Highway. However on the official window sticker the following disclaimer is listed:

"Actual mileage will vary with options, driving conditions, driving habits, and vehicle condition. Results reported to the EPA indicate that the the majority of vehicles with these estimates will acheive between 28 and 38 mpg in the city and between 24 and 34 mpg on the highway"

I have seen vehicles advertised with the highest number in the range. In this case the vehicle would be advertised at 38 mpg. The KIA dealer back in TN did this with all their vehicles and advertisements.