Caspers R4esponse to the Ruling from the EPA

[More_Boost!!]

By now the cat’s out of the bag, so the situation bears some explanation, now that the details of the lawsuit have become public knowledge. As you well know, the Department of Justice has dropped the ax on Caspers. You can read all the dirty details here: http://www.usdoj.gov/opa/pr/2007/Jul...rd_490.htmlThe DOJ website will have the details made public for 30 days so anyone who feels that it is just or isn’t, can post their like or dislike. Actually it’s been a long drawn out ordeal which has been in the works for around four years with the USEPA. Caspers voluntarily stopped selling the product line, known as O2 SIM, about a year ago, in an effort to reach a settlement and avoid further litigation. There will be no chance of appeal. Caspers also voluntarily recalled the product from its distributors, offering a full refund and also destroyed over $40,000 worth of inventory. All the while, we had top-notch legal representation…albeit, extremely expensive representation. Unfortunately for us small businesses, the government can spend millions of your tax dollars to prosecute anyone, so even the best legal defense is no match. The product in question was one product line that Caspers invented, manufactured, marketed and sold (and has since been copied, cloned and duplicated by many). Its purpose was to turn the CEL codes off on vehicles of which a “cat-back” system was added. Any mechanic who works on the OBD II cars will attest, the factory calibration for sensors are based upon OEM parts, not aftermarket parts. This is why you would set a code; the OEM calibration always uses a very tight window of sensor limits, and the aftermarket would frequently put the calibration outside of the window. Not that the aftermarket parts would cause more pollution or work improperly, as the DOJ article seems to imply, but you can argue this until you’re blue about how it *really* works, and as I found, it really doesn’t matter. The USEPA with their guidelines are there to enforce the somewhat ambiguous rules and regulations – to the letter of the law – but certainly not to the “spirit” of the law. The EPA won’t ask the automakers to loosen their parameters, because the EPA spelled those parameters out in the first place. And, even though the item was designed, marketed and sold to work in conjunction with a functional cat and sensor, it’s still considered “tampering” by EPA rules. We have always sold and marketed the product for “Off Road Use Only”, but that disclaimer has quietly been deleted from the USEPA rule book. The Off Road disclaimer means absolutely NOTHING for any automotive aftermarket component. Another item of extreme importance is the fact that once the CEL light is illuminated, particularly with a code relative the catalytic converters, the ECU is programmed to try to “fix” the problem, usually by richening the AF mixture in an effort to light off the cat. The effect is poor gas mileage and much more pollution. This very scenario is a strong argument in favor of using the O2 SIM, but again, fell on deaf ears. Now I’m certain that if I had made it to a court of law and explained this anomaly, I may very well have been successful at demonstrating the legality and usefulness of the product. However, getting the case to court would have bankrupted Caspers as the legal costs would have been staggering. As it is now, Caspers has lost half of its business, and more than 70% of sales revenue.
Since the Caspers case has been dubbed the “landmark” case, I believe the USEPA is about to come down hard on ANY AND ALL aftermarket manufacturers, distributors, or end users who sell or use virtually any part even remotely involved with emission controls (almost everything) for OBD II vehicles and I think I know why. Emission testing used to be performed by putting your vehicle on rollers and using the exhaust gas sniffers, but they’re going away from that and now, they only use ALDL history to test for emissions. Given this scenario, you can easily see how the ALDL history data can be a problem area for emissions testing since anyone with a tuner programmer or aftermarket computer can avert the system and make the ALDL look squeaky-clean. That underlying scenario is what I believe is driving the USEPA to the limits of enforcement, and it’s not going to go away. If you wish to keep manufacturers like Caspers around to provide the repair and upgrade parts you need, then support us by not buying “clone” products. Insist on the original, that’s a good start. We have been around since 1988 providing innovative wiring and electronic products and services, and it really irks me when I see a competing mail order company clone many of our products, then proceed to bash our products with “fluff” that doesn’t do anything to improve the product whatsoever. In closing, I can’t stress enough that any of you who may be involved in products and devices used on OBD II vehicles, to take a good look at the rules and regulations regarding the OBD II protocol. And, if you are marketing, using, or have even purchased any device that could be construed as a defeat device, watch your back…you can and will be found by the powers that be, in less time than it takes to Google “forums OBD II”. The aftermarket will never be the same from this “landmark” forward. Caspers Electronics wishes to thank those of you who have taken the time and interest to support our company and want to let you know that we’re moving forward and doing everything we can to survive the blows handed to us. It will be a rough ride the next few years, but we’re committed and are grateful for having faithful customers and good friends like you.

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[TurboDiverArt]

Originally Posted by More_Boost!!

By now the cat’s out of the bag, so the situation bears some explanation, now that the details of the lawsuit have become public knowledge. As you well know, the Department of Justice has dropped the ax on Caspers. You can read all the dirty details here: http://www.usdoj.gov/opa/pr/2007/Jul...rd_490.htmlThe DOJ website will have the details made public for 30 days so anyone who feels that it is just or isn’t, can post their like or dislike.

I tried the link but said it was no good. I had not heard about this situation.

Art.

[pacecarta]

heres the legal and its hardly new law

http://www.epa.gov/compliance/resour.../engswitch.pdf

this would also apply to heads with filled egr passages , egr block off plates , test pipes

[Buick Runner]

^Test pipes have been illegal for years, and this is why I stay away from OBD2 crap.

[TurboDiverArt]

Originally Posted by Buick Runner

^Test pipes have been illegal for years, and this is why I stay away from OBD2 crap.

I like my ODBII truck!! It's awesome! Naturally it's a diesel so doesn't have an O2 sensor to monitor and can't detect the awesome cleaning I gave the CAT...