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It makes sense to me. The meat of this claim was about the degraded performance now that the car has aged. Honda denied any change in performance, but then put out a software update that reduced the car's demand on the pack. As a result, it runs the gas side harder and returns lower mileage. The car in its current state cannot match the numbers it got when new.
Analogy: Ford sells a Mustang with a transmission that can't handle the V8 torque. Ford issues a recall and swaps the engine for a V6 instead. Owners sue because the advertised V8 performance is no longer available.
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11-mile commute: 100 mpg - - - Tank: 90.2 mpg / 1191 miles
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