The biggest issue I see for Ford is that they allow optional wheels and tires that are almost guaranteed to lower fuel economy compared to the standard LRR tires but there is no mention of that anywhere. So even if everything is above board a buyer may be giving themselves a 2-4 mpg penalty by choosing an appearance package without any knowledge that they're hurting their fuel mileage. I realize this is just a side effect of how the EPA tests are performed and reported, but I think Ford owes the customer some type of warning that their fuel mileage could be affected.
Throw in ethanol fuel (the EPA does not use E-10) plus other winter blends and running the heater in winter and it's easy to see how a hybrid mpg could drop drastically in a real world test compared to the EPA tests.
Had the Fusion hybrid debuted in the summer time without optional wheels I think this would have been a different story.
And if the EPA retests and there is a problem then I'll be the first to admonish Ford. But I'm not there yet.