I agree with you, there is way too much denial going on.
You have a CVT and your drive does not yield what you expected MPG-wise. I have no doubt that is absolutely true.
But when someone else with a CVT pipes in that they do achieve or exceed the EPA rating, you are in denial.
"This car does not achieve the advertised MPG's" is demonstrably not true.
You've said it before, and you've been shown it is not true, but you keep writing it. Change it to read "My car does not achieve the advertised MPG's", and it would be true. Your experience is not universal.
The same factors mentioned before are listed in post #3036. The car will yield good gas mileage but not at high speeds (70+, no way), short drives with a cold engine, etc.
Since the EPA testing is not based upon any of these driving scenarios, you cannot claim that either Subaru or the EPA or a combination thereof are misleading you about what to expect if those are mostly the types of miles you drive. It is not like the testing protocol is top secret, Fueleconomy.gov gives you the details about how they test cars to rate their fuel efficiency.
That does not mean you have to drive it everywhere at 30mph to achieve the EPA rating.
Look at the independently accumulated data. There is no way the average Combined MPG number on Fuelly would be 28mpg if more than half of the 1.5 million miles tracked were lower than 28mpg. So that means a good number of drivers racking up those miles are meeting or exceeding the EPA expected Combined MPG's.
Like I said, it could be your car, get a loaner. It could also be how you drive it. I hope if you do get a loaner you can figure that piece out.