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LOS ANGELES (Reuters) – A California appeals court on Monday cleared the way for the owner of a hybrid Honda Civic to sue the car's maker for false advertising in a lawsuit that claims Honda has had so many complaints about the hybrid it has told U.S. regulators it wants to revise the mileage rating.

The state appeals court in San Diego remanded the false advertising claims back to the trial court, acknowledging that while Federal law does protect carmarkers from some lawsuits over disclosure of fuel economy standards, it does not preempt them from being sued over everything they say about fuel efficiency.

The lawsuit is not the first to challenge the Civic Hybrid's mileage claims.

A Honda representative said the company does not comment on ongoing litigation.

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