It is not compliant to put an
undisclosed Alternative Emissions Control Device in a vehicle, no matter what we are fine with. I think it is kind of crazy, to expect a car company would list out individual pollutant performance, instead of being trusted by the average consumer to simply comply with the law. In that sense, they lied.
If you are fine with NOx, then VW agrees with you, in what is a different argument. VW, From the Fortune piece: “The scientific data currently known to us does not give a clear picture of the effect of nitrogen oxide in environmental concentrations on people and no completely validated statements can be made about the actual risk potential.”
http://fortune.com/inside-volkswagen-emissions-scandal/
Put VW's goggles on, and a lot of things start looking "clean".