VW Tiguan Oil Consumption Lawsuit: Who’s Covered in Seven States

If you bought or leased a 2022 or 2023 Volkswagen Tiguan with the EA888 2.0-liter TSI engine and live in one of seven specific states, you are currently covered by the VW Tiguan oil consumption lawsuit pending in New Jersey federal court. The consolidated case, Zeiders, et al. v. Volkswagen Group of America, Inc. (No. 2:24-cv-11197), cleared most of Volkswagen’s motion to dismiss in January 2026. No settlement has been reached, and no recall has been issued.¹

Who Is Covered Right Now

The proposed class includes individuals and entities that purchased or leased a 2022 or 2023 Volkswagen Tiguan equipped with the EA888 2.0-liter TSI engine and reside in one of these seven states:

Delaware
Georgia
Illinois
Maryland
Minnesota
New York
Pennsylvania

The class was originally pleaded as nationwide. Judge Brian R. Martinotti dismissed the nationwide claims in his January 8, 2026 ruling, holding that the named plaintiffs lack standing to sue under the laws of states where they neither live nor were injured. What remains are seven state subclasses tied to where the current named plaintiffs reside.²³

One narrow carve-out inside the class: the Illinois subclass’s implied warranty of merchantability claim was dismissed for lack of privity. Illinois owners are still part of the case; that particular theory is not available to them.⁴

What the Defect Looks Like

The complaint targets the EA888 2.0-liter turbocharged engine installed in 2022 and 2023 Tiguans. Plaintiffs allege the piston rings do not have enough tension to seal properly against the cylinder walls, letting engine oil slip past into the combustion chamber where it burns off during normal driving.⁵ A defective positive crankcase ventilation (PCV) system is alleged to make the problem worse by failing to regulate crankcase pressure.⁶

Owners report low-oil warnings between scheduled services, engine sputtering and hesitation, and needing to add quarts of oil every few hundred to few thousand miles. One named plaintiff, Calvin Westlund of Maryland, said he had to top off his 2022 Tiguan R-Line Black Edition four or five times in a single month and experienced delayed acceleration and jerking.⁷ The complaint calls the condition an “extreme safety hazard” because an oil-starved engine can seize or stall without warning in traffic.⁵

What the Lawsuit Is Asking For

The consolidated complaint brings claims for breach of express warranty, breach of implied warranty of merchantability, fraudulent concealment, negligent misrepresentation, unjust enrichment, and violations of the consumer protection statutes of the seven class states. Plaintiffs seek damages in excess of $5 million and ask the court to compel Volkswagen to recall every affected Tiguan.³⁸

Where the Case Stands

Judge Martinotti’s January 8, 2026 ruling granted the motion to dismiss in part and denied it in part. Beyond dismissing the nationwide claims, the court kept the substantive theories alive. The breach of express warranty claim survived because the complaint plausibly alleged a workmanship defect in the piston ring assembly, which falls inside Volkswagen’s New Vehicle Limited Warranty. Fraudulent concealment, negligent misrepresentation, unjust enrichment, state consumer fraud claims, and implied warranty claims (except the Illinois subclass’s) also moved forward.²

The judge also rejected Volkswagen’s argument that federal law bars a court-ordered recall, writing: “As neither the Supreme Court nor the Third Circuit has held the Federal Motor Vehicle Safety Act preempts state law remedies, this Court declines to do so.”³ Forward-looking injury claims (that class members are likely to experience oil consumption in the future) were also allowed to proceed.

As of mid-2026, the case is active in the U.S. District Court for the District of New Jersey. No settlement has been publicly proposed, and no formal safety recall has been issued for the oil consumption problem.¹

Volkswagen’s Position and What Owners Hear at the Dealer

Volkswagen has argued the plaintiffs cannot show their vehicles use oil faster than the manual’s stated tolerance of up to one quart per 1,200 miles.⁶ The company also argued that only NHTSA, not a court, can order a recall.¹

Owners bringing complaints to dealers often encounter Volkswagen’s Technical Service Bulletin 2017813, which sets the company’s internal consumption threshold at up to 0.5 quarts per 600 miles and requires dealers to run a standardized two-part measurement test and open a case with Volkswagen’s Technical Assistance Center before authorizing repairs.⁹ An updated version, TSB 2017813/19, was issued in September 2024 and directs dealers to inspect for leaks and perform the consumption test on affected vehicles.⁸ Volkswagen has authorized piston ring replacements in some warranty cases, though owners commonly report dealers instead top off the oil and treat the loss as normal.⁵

If You Live Outside the Seven States

Owners in the 43 other states are no longer part of this class because the nationwide claims were dismissed. That ruling does not prevent them from pursuing their own legal action, whether an individual claim, a lemon law claim, or a separate class filing under their own state’s laws.³

Other EA888 Cases You Might Be Confusing With This One

Two other lawsuits touch the same engine family and are easy to mix up with the Tiguan case.

Lauren Reece, et al. v. Volkswagen Aktiengesellschaft, et al. (No. 2:26-cv-00745), filed in New Jersey on February 4, 2026, is a broader action covering 2018–2026 Volkswagen and Audi vehicles with EA888 engines, including the Tiguan, Atlas, Passat, Jetta GLI, Q3, Q5, and Q7. It focuses on carbon buildup causing the PCV valve to stick, leading to crankcase overpressurization, damaged seals, and cracked plastic oil pans.¹⁰

Kimball v. Volkswagen Group of America reached a final settlement approved on December 4, 2025. It covered EA888 turbocharger and wastegate failures, not piston-ring oil consumption. The settlement provided 40 to 50 percent reimbursement of past turbocharger repair costs and extended the warranty to cover 50 percent of turbocharger repair at authorized dealers for up to 8.5 years or 85,000 miles.¹¹¹² If your issue is a failed turbocharger rather than oil burning through the piston rings, that is the settlement to look at, not Zeiders.

1
Yahoo Autos. Volkswagen Tiguan Oil Consumption Lawsuit
2
Justia. Zeiders et al v. Volkswagen Group of America Inc., Opinion
3
CarComplaints.com. VW Tiguan Engine Class Action 7 States
4
Shub Johns & Holbrook LLP. Court Largely Denies Motion to Dismiss in VW Tiguan Oil Consumption Class Action
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ClassAction.org. Dangerous Engine Defect in Certain Volkswagen Tiguan Vehicles Causes Excessive Oil Consumption, Class Action Lawsuit Alleges
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CarComplaints.com. VW Tiguan Engine Problems Piston Rings
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InjuryClaims.com. Volkswagen Tiguan Class Action Lawsuit Oil Consumption
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Lemon Car Lawyer. Volkswagen Tiguan Oil Consumption Lawsuit
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NHTSA. TSB 2017813 – Oil Consumption Measurement
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Top Class Actions. Volkswagen Class Action Alleges Vehicles Have Oil Consumption Defect
11
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12
TurboClassSettlement.com. Kimball v. Volkswagen Group of America Settlement