Judge Stays Injunction Against BMW

A preliminary injunction barring BMW North America from making certain advertising claims about its Z3 sports cars has been stayed until Oct. 31. Los Angeles Superior Court Judge Edward A. Ferns issued a preliminary injunction Oct. 7 preventing BMW from claiming that its “all-season” traction control is standard in 1997 vehicles. The order, which was stayed on Tuesday, came in response to a false-advertising complaint lodged by BMW owner Teresa Zintgraff. According to her suit, Zintgraff’s 1997 Z3 did not have the traction control feature, though sales literature and BMW’s Web site said the feature was standard. BMW said it did not intend to deceive consumers. It said the feature is standard on cars made after November 1996, and though early batches of BMW brochures made that distinction, later ones did not. Zintgraff, a Los Angeles lawyer, purchased her car in August 1996.