John Deere called out for 'omitting' language on the right to repair in its manuals.
Senator Elizabeth Warren claims that the omission could be violating the Clean Air Act.
Elizabeth Warren, the senator from Massachusetts, is urging John Deere to update its manuals in order to facilitate customers' repair of their tractors. Warren claims that the omission of information regarding repair rights and emissions control systems could place the company in a position of possible non-compliance with the Clean Air Act. The company has been at the center of a prolonged conflict related to the right to repair, particularly as it integrates more software into its agricultural machinery. Warren's office asserts that John Deere has nearly completely hindered farmers' ability to repair their equipment themselves or seek out independent repair shops. Additionally, the missing repair information in their manuals could be illegal, Warren states in a letter sent to the company yesterday, which was shared in advance.
In a notice sent to its customers on February 12, 2024, John Deere reported that it had "recently discovered" that an important statement might be absent from its manuals: "A shop or person chosen by the owner may maintain, replace or repair emission control devices and systems with original or equivalent replacement parts." The lack of this information not only limits farmers' ability to repair their equipment but could also be considered illegal.
The Clean Air Act, which regulates emissions from all mobile sources of air pollution, including tractors, mandates that the Environmental Protection Agency (EPA) requires manufacturers to provide "all information necessary to use the emissions control diagnostic system... and any other information that includes instructions for performing emissions-related diagnostics and repairs." The law stipulates that "none of this information may be withheld..." by manufacturers from authorized dealers or others who perform repairs.
The EPA did not officially respond to the inquiry regarding Warren's accusations. She has requested John Deere to answer a series of questions in her letter by October 17, including whether all its written materials now comply with federal regulations related to the right to repair. The company has not provided immediate comment on the matter.
Jahmy Hindman, John Deere's CTO, mentioned in a 2021 interview that the company is committed to enabling customers to repair the products they purchase. However, he added that there is a small percentage of repairs that involve software. According to him, in that context, software is regulated, and any modifications could affect the emission characteristics of engines, making it a regulated device.
In January of last year, John Deere signed a memorandum of understanding with the American Farm Bureau Federation (AFBF) aimed at making its software, tools, and documentation available for farmers and independent shops to perform their own repairs. However, Warren contends that by accepting the memorandum, the company sought to stifle attempts to pass right-to-repair legislation and that it has not fulfilled its commitments. According to a July 2023 report from the consumer advocacy group US PIRG Education Fund, John Deere is not providing adequate software tools for users to perform repairs independently.
Warren states that "John Deere has provided inadequate tools and insufficient disclosures," which not only affects farmers in terms of time and money but may also indicate that the company is violating the Clean Air Act by restricting the repair of the emission systems of its products.
This is not the first time John Deere has faced accusations of non-compliance with the Clean Air Act. Last June, the EPA indicated that it believed several of the company's products were not compliant with EPA regulations regarding their emissions warranty statement. Additionally, it has been reported that US PIRG and advocates for the right to repair urged the EPA to investigate John Deere for possible violations of the Act.