Jayblues:
Your hybrid is rated at 48; you are getting 38
So, if you buy a car rated at 38 you will get 28.
The problem is not the cars.
It's your driving style.
Stop whining.

I just got 62.4 MPG for a full tank in my 2004 HCH CVT AT-PZEV rated at 47/48.
Sure I have adjusted my driving technique but I don’t “pulse my accelerator” as you say.
I don’t bother with the “driving with the load” technique you read about.
I just accelerate gently and keep it in cruise control.
My eyes are not glued to the dash.
I find this new driving style to be VERY relaxing.
Everyone else is flooring the gas when the light turns green, tailgating to protect their territory from invaders, and slamming on their brakes as the last second.
They are the ones who are stressed out.

Honestly, I think one reason there are so many people getting over 50 MPG on the database is we like to brag.
We learned techniques, and made the changes to get that mileage and we are proud of it.
It would be A PIECE OF CAKE to me get the EPA of 47/48.
I am actually getting sick and tired of the media and a few crybabies implying that there is some scam going on.

You should be grateful that any car gives you 38 MPG, the way you drive.

Need fewer troops to support.
Drive a hybrid.
Best tank 71.65 MPG.

Before this car I spent two years learning hypermiling on my 2004 HCH1.