Elon Musk is celebrating winning a lawsuit over his misleading claims regarding Tesla’s self-driving program.
However, before celebrating, he should take a closer look at the defense his lawyers took: puffery.
By definition, “puffery” refers to exaggerated or false praise. It’s also a legal defense used by defendants in cases of false advertising or misleading statements.
The defendants argue that the statements can’t be taken seriously because they were “mere puff.”
That’s precisely the defense that Tesla and Elon Musk’s lawyers have taken to defend against a shareholder’s lawsuit over Musk’s alleged misleading statements regarding Tesla’s self-driving effort.
Musk said that “justice prevails” when commenting on one of his biggest fans, Sawyer Merritt, celebrating the dismissal of the lawsuit yesterday:
However, when reporting on the dismissal, Musk and his fans didn’t examine the argument his lawyers used to defend him.
Let’s be clear on what Musk is celebrating here: he is celebrating a judge siding with his lawyers, who argued that his misleading statements regarding Tesla’s self-driving effort were simple “corporate puffery” and not “actionable material misrepresentations.”
That’s it.
The lawsuit is full of “corporate puffery” arguments by Tesla’s lawyers:
Defendants argue that the Timeline Statements that FSDC technology “appear[ed] to be on track,” would be available “aspirationally by the end of the year,” and Tesla was “aiming to release [it] this year,” [..] were nonactionable statements of corporate puffery and optimism. […] Plaintiffs contend that the statements provided a “concrete description” of the state of Tesla’s technology in a way that misled investors. […]. These statements about Tesla’s aims and aspirations to develop Tesla’s technology by the end of the year and Musk’s confidence in the development timeline are too vague for an investor to rely on them. […] Thus, in addition to being protected under the PSLRA safe harbor, Statements (10, 11, and 18) are nonactionable puffery.
In a mind-numbing statement, Musk’s lawyers argue that his claims about Tesla Autopilot safety were “vague statements of corporate optimism are not objectively verifiable”:
Defendants also assert that several Safety Statements are corporate puffery. For example, statements that safety is “paramount” (FAC ¶ 325), Tesla cars are “absurdly safe” (id.), autopilot is “superhuman” (FAC ¶ 337), and “we want to get to as close to perfection as possible” (FAC¶363). Mot. at 19. Plaintiffs respond that “super” in “superhuman” is not puffery because it represents that ADT is safer than human and “absurdly safe” conveys greater-than-human safety. Opp. at 12. However, these vague statements of corporate optimism are not objectively verifiable.
The lawyers even argued, successfully, that “no reasonable investor would rely” on many of the alleged misleading statements because they are “mere puffing”:
Defendants next argue that several Timeline and Safety Statements, (Statements 7, 9-11, 13, 16, 18, and 26 FAC 325, 329, 331, 333, 337, 343, 347, 363), are nonactionable statements of corporate puffery and optimism. Mot. at 15, 19. In the Ninth Circuit, “vague, generalized assertions of corporate optimism or statements of ‘mere puffing’ are not actionable material misrepresentations under federal securities laws” because no reasonable investor would rely on such statements.
Therefore, yes, Tesla won a dismissal, but at the cost of a judge agreeing with Musk’s lawyers that his statement about Tesla’s Full Self-Driving effort was “mere puffing.”
Electrek’s Take
Look. They are not wrong. I don’t think many reasonable investors are taking Elon’s words seriously. ‘Reasonable’ is the keyword here.
There are plenty of unreasonable ones who do, though.
I am not well-versed enough in the law to have a strong opinion on this, but you don’t need to be well-versed in the law to read the arguments of Tesla and Elon’s lawyers, who clearly state that Elon’s self-driving claims are just corporate puffing.
It’s funny that Elon is celebrating this victory. He is basically saying, ” Hey, look, I won this court case because the judge agrees that reasonable investors wouldnt believe what I say.”
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Wind energy powered 20% of all electricity consumed in Europe (19% in the EU) in 2024, and the EU has set a goal to grow this share to 34% by 2030 and more than 50% by 2050.
To stay on track, the EU needs to install 30 GW of new wind farms annually, but it only managed 13 GW in 2024 – 11.4 GW onshore and 1.4 GW offshore. This is what’s holding the EU back from achieving its wind growth goals.
Three big problems holding Europe’s wind power back
Europe’s wind power growth is stalling for three key reasons:
Permitting delays. Many governments haven’t implemented the EU’s new permitting rules, making it harder for projects to move forward.
Grid connection bottlenecks. Over 500 GW(!) of potential wind capacity is stuck in grid connection queues.
Slow electrification. Europe’s economy isn’t electrifying fast enough to drive demand for more renewable energy.
Brussels-based trade association WindEurope CEO Giles Dickson summed it up: “The EU must urgently tackle all three problems. More wind means cheaper power, which means increased competitiveness.”
Permitting: Germany sets the standard
Permitting remains a massive roadblock, despite new EU rules aimed at streamlining the process. In fact, the situation worsened in 2024 in many countries. The bright spot? Germany. By embracing the EU’s permitting rules — with measures like binding deadlines and treating wind energy as a public interest priority — Germany approved a record 15 GW of new onshore wind in 2024. That’s seven times more than five years ago.
If other governments follow Germany’s lead, Europe could unlock the full potential of wind energy and bolster energy security.
Grid connections: a growing crisis
Access to the electricity grid is now the biggest obstacle to deploying wind energy. And it’s not just about long queues — Europe’s grid infrastructure isn’t expanding fast enough to keep up with demand. A glaring example is Germany’s 900-megawatt (MW) Borkum Riffgrund 3 offshore wind farm. The turbines are ready to go, but the grid connection won’t be in place until 2026.
This issue isn’t isolated. Governments need to accelerate grid expansion if they’re serious about meeting renewable energy targets.
Electrification: falling behind
Wind energy’s growth is also tied to how quickly Europe electrifies its economy. Right now, electricity accounts for just 23% of the EU’s total energy consumption. That needs to jump to 61% by 2050 to align with climate goals. However, electrification efforts in key sectors like transportation, heating, and industry are moving too slowly.
European Commission president Ursula von der Leyen has tasked Energy Commissioner Dan Jørgensen with crafting an Electrification Action Plan. That can’t come soon enough.
More wind farms awarded, but challenges persist
On a positive note, governments across Europe awarded a record 37 GW of new wind capacity (29 GW in the EU) in 2024. But without faster permitting, better grid connections, and increased electrification, these awards won’t translate into the clean energy-producing wind farms Europe desperately needs.
Investments and corporate interest
Investments in wind energy totaled €31 billion in 2024, financing 19 GW of new capacity. While onshore wind investments remained strong at €24 billion, offshore wind funding saw a dip. Final investment decisions for offshore projects remain challenging due to slow permitting and grid delays.
Corporate consumers continue to show strong interest in wind energy. Half of all electricity contracted under Power Purchase Agreements (PPAs) in 2024 was wind. Dedicated wind PPAs were 4 GW out of a total of 12 GW of renewable PPAs.
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In the Electrek Podcast, we discuss the most popular news in the world of sustainable transport and energy. In this week’s episode, we discuss the official unveiling of the new Tesla Model Y, Mazda 6e, Aptera solar car production-intent, and more.
As a reminder, we’ll have an accompanying post, like this one, on the site with an embedded link to the live stream. Head to the YouTube channel to get your questions and comments in.
After the show ends at around 5 p.m. ET, the video will be archived on YouTube and the audio on all your favorite podcast apps:
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Here are a few of the articles that we will discuss during the podcast:
Here’s the live stream for today’s episode starting at 4:00 p.m. ET (or the video after 5 p.m. ET):
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The Chinese EV leader is launching a new flagship electric sedan. BYD’s new Han L EV leaked in China on Friday, revealing a potential Tesla Model S Plaid challenger.
What we know about the BYD Han L EV so far
We knew it was coming soon after BYD teased the Han L on social media a few days ago. Now, we are learning more about what to expect.
BYD’s new electric sedan appeared in China’s latest Ministry of Industry and Information Tech (MIIT) filing, a catalog of new vehicles that will soon be sold.
The filing revealed four versions, including two EV and two PHEV models. The Han L EV will be available in single- and dual-motor configurations. With a peak power of 580 kW (777 hp), the single-motor model packs more power than expected.
BYD’s dual-motor Han L gains an additional 230 kW (308 hp) front-mounted motor. As CnEVPost pointed out, the vehicle’s back has a “2.7S” badge, which suggests a 0 to 100 km/h (0 to 62 mph) sprint time of just 2.7 seconds.
To put that into perspective, the Tesla Model S Plaid can accelerate from 0 to 100 km in 2.1 seconds. In China, the Model S Plaid starts at RBM 814,900, or over $110,000. Speaking of Tesla, the EV leader just unveiled its highly anticipated Model Y “Juniper” refresh in China on Thursday. It starts at RMB 263,500 ($36,000).
BYD already sells the Han EV in China, starting at around RMB 200,000. However, the single front motor, with a peak power of 180 kW, is much less potent than the “L” model. The Han EV can accelerate from 0 to 100 km/h in 7.9 seconds.
At 5,050 mm long, 1,960 mm wide, and 1,505 mm tall with a wheelbase of 2,970 mm, BYD’s new Han L is roughly the size of the Model Y (4,970 mm long, 1,964 mm wide, 1,445 mm tall, wheelbase of 2,960 mm).
Other than that it will use a lithium iron phosphate (LFP) pack from BYD’s FinDreams unit, no other battery specs were revealed. Check back soon for the full rundown.