Legal notice

NOTICE OF CONSENT DECREE IN
UNITED STATES v. THUNDER DIESEL & PERFORMANCE CO.,
RED DEER EXHAUST, INC. (d/b/a FLO~PRO PERFORMANCE EXHAUST), and
SCHUMACHER ESTATES LTD.
Dear Customer,
Thunder Diesel & Performance Co. (“Thunder Diesel”) and Red Deer Exhaust, Inc.,
(“Flo~Pro”), have entered into a civil judicial settlement with the United States regarding the
manufacture and sale of certain Flo~Pro and other brand exhaust and engine software tuning
products, including the products identified in the attached list and hereinafter referred to as
“Subject Products.”
The United States Environmental Protection Agency (“EPA”) has alleged that the
manufacture, sale, and offer for sale of these Subject Products violates the Clean Air Act’s
prohibition against motor vehicle parts or components that have a principal effect of bypassing,
defeating, or rendering inoperative any emissions control device or element of design installed in
or on a motor vehicle. See 42 U.S.C. § 7522(a)(3). Emissions control devices include the diesel
particulate filter, exhaust gas recirculation system, catalysts, and onboard diagnostic system.
Motor vehicle emissions controls are important for protection of public health and the
environment.
As part of its settlement with the United States EPA, Thunder Diesel and Flo~Pro have
agreed, among other things, that:
1. Thunder Diesel and Flo~Pro will no longer manufacture, sell, offer for sale, or
install these Subject Products or others that have a principal effect of bypassing, defeating, or
rendering inoperative any emissions control device or element of design installed in or on a
motor vehicle in the United States;
2. Thunder Diesel and Flo~Pro will no longer provide technical support (including
user manuals, telephone support, online/chat support, YouTube videos, and warranty support) for
these Subject Products; and
3. Thunder Diesel and Flo~Pro will no longer support warranty claims pertaining to
any of these Subject Products.
As part of the resolution of this litigation, Thunder Diesel and Flo~Pro have agreed to
send this notice to each customer in the United States that purchased these Subject Products from
Thunder Diesel or Flo~Pro on or after January 1, 2016.