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Report in NY Times may presage the future.
http://wheels.blogs.nytimes.com/2012/02/02/citing-overstated-m-p-g-owner-of-civic-hybrid-wins-judgment-against-honda/?ref=automobiles
Only the naive would believe any of the mpg figures, not least those which are obtained under official test conditions and are unlikely to be replicated in real road use. Even so, claims are made by manufacturers, and given the highly litigious culture of the USA, it could only be a matter of time before someone posted a claim against a manufacturer for making claims that are difficult or impossible to realize on the highway.
At best, 'official' figures are only useful for comparison, since all cars are, presumably, tested ...