Volvo, Renault, Mercedes, Jeep, Hyundai, Citroen, BMW, Mazda, Fiat, Ford and Peugeot have not used fraud to pass the tests. You are citing studies using different test conditions than the official test.
While you are technically correct (the best kind of correct!) - we as consumers have still been deceived into thinking we are purchasing and driving vehicles that we thought were significantly cleaner than what they really are.
But to say that the manufacturers have no fault in the way the tests are structured is a bit... disingenuous. Don't you think?
That's because no benchmark is perfect. You're also being tricked to buy a "twice faster cpu" on your latest phone because it showed twice better performance on a particular benchmark.
But There's a big difference between the company that make engineering decisions that try to improve the results on the benchmark (because after all that's what consumers get fooled with) and the one that would have a "if (benchmark_in_progress) cheat; "