U.S. DOJ investigates Tesla’s Autopilot advertising claims

The U.S. Department of Justice has opened a criminal investigation into Tesla over its statements about the capabilities of its Autopilot system, Reuters.

According to sources cited by the publication, the case was opened in 2021 after a dozen crashes, including fatal ones, involving Tesla’s self-driving cars.

The results of the investigation could include criminal charges, fines or the closure of the case with no consequences.

People familiar with the matter said federal prosecutors were not rushing to a decision. This is likely linked to two other DOJ investigations into Tesla.

“There is a lot of work ahead for investigators, and a decision on charges has not yet been made,” said sources familiar with the situation.

They also believe prosecutors could face difficulties building a case over misleading marketing claims due to the regular statements by the company’s representatives that autopilot abuses are unacceptable.

In October 2022, Musk told investors that Tesla’s electric vehicles would soon reach Level 5 autonomy and drive without human intervention. However, he stressed that a driver would still need to be behind the wheel to take control in an emergency.

“We are not saying that we are fully ready for there to be no one behind the wheel,” said Musk.

Tesla’s website also warns that before enabling Autopilot the driver must first agree to “keep hands on the wheel at all times” and “maintain control and responsibility for your vehicle”.

The investigation was commented on by Barbara McQuade, a former U.S. attorney in Detroit who previously worked on cases involving automakers. She believes investigators will likely need to disclose evidence such as emails or other internal messages. They could indicate whether Musk and Tesla knowingly made misleading statements about the Autopilot’s capabilities.

Earlier, robocars owners filed a class-action lawsuit against the company over allegedly misleading advertising of driver-assistance systems.

Earlier, the California Department of Transportation accused Tesla of using misleading advertising of its Autopilot system.

In June, the U.S. National Highway Traffic Safety Administration published a report on crashes involving robocars.

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