Watchdog bans car ads claiming EVs ‘zero emissions’

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By Creative Media News

  • ASA bans “zero emissions” ads
  • BMW, MG adverts misleading
  • TfL claims unsupported, misleading

Two distinct automakers’ advertisements referring to their electric vehicles as having “zero emissions” were banned by the advertising watchdog in the United Kingdom, continuing its crackdown on misleading claims about battery-powered models.

The Advertising Standards Authority (ASA) announced today that it had upheld decisions. The decisions were against BMW and MG Motor UK for advertisements that appeared on Google last year.

Both advertisements were criticised for misleading consumers. They implied that electric vehicles (EVs) generate no emissions during production or charging using non-renewable electricity.

A paid Google advertisement for BMW viewed on 16 August 2023 claimed: “Zero Emissions Cars – Download your brochure now. Visit the official BMW online store. Find the perfect BMW electric vehicle. Book a test drive. Explore a range of BMW electric vehicles….

On the same day, MG Motor UK paid Google to advertise “Find A Dealer – Book A Test Drive. Buy an MG HS Plug-in Hybrid, MG ZS, or MG5 EV Trophy Long Range and Save £1,000. Updated with an extended range, a modern look, and extra technology. Zero Emissions.”

The ASA challenged the “zero emissions” claim, finding it misleading regarding the environmental impact of the vehicles, especially since MG advertised plug-in hybrid models with an additional combustion engine.

“The basis of the [MG Motor UK] claim in the advertisement was not explained,” the ASA stated in its ruling.

Clarifying ‘Zero Emissions’ Claims

A completely electric vehicle’s ‘zero emissions’ claim didn’t define operating emissions. This was likely to cause confusion.

“Hybrid vehicles produced greenhouse gas emissions through the tailpipe when powered by petrol or diesel.” Any ‘zero emissions’ claim must specify that it relates to emissions occurring during the vehicle’s operation on the electric motor.

The ASA further stated, “The advertisement asserted ‘Zero Emissions’ without providing the necessary material information for consumers to understand the basis of that claim.” The text failed to specify which vehicle classes were being referred to or to clarify that the claim was limited to emissions produced while driving an electric vehicle.

“We therefore concluded that the advertisement was likely to mislead.”

BMW told the ASA that it added “zero emissions” to its ads to boost electric vehicle search visibility online.

Based on the commercial, the ASA decided customers may incorrectly believe BMW cars will always emit zero emissions.

“It was our understanding that electric vehicles produce no emissions when in motion, unlike petrol or diesel-powered vehicles that emit pollutants through the tailpipe.”

“However, emissions are produced under other conditions. Including during the production or recharging of electric vehicles using power from the national grid.”

Zero Emissions Advertising Misleads

“Therefore, an advertisement featuring a ‘zero emissions’ claim that failed to specify whether the claim related to the vehicle’s performance while being driven was likely to mislead.”

“In the absence of significant information to explain to consumers the basis of the claim and confirmation that it was limited to emissions only during operation, we concluded that ‘Zero Emissions Cars’ was probably misleading.”

Both BMW and MG were instructed to ensure that their advertisements in the current format do not reappear, and any future references to “zero emissions” should clarify that the claim only applies to an electric vehicle while it is in motion.

The ASA also ruled against TfL radio ads advocating the expansion of London’s Ultra Low Emission Zone (ULEZ) on Wednesday.

The watchdog stated that TfL’s claims of nearly halving nitrogen dioxide (NO2) levels due to the scheme were unsupported. This was based on air quality measurements taken before and after its implementation.

TfL compared existing air quality data to an ASA “non-ULEZ scenario” to support this claim. However, it failed to clarify this for listeners, likely misleading them.

The ASA also upheld complaints about a second TfL advertisement’s claims. It stated that the majority of air pollution-related deaths “actually” occurred in outer London, based on modelled calculations.

Critique of ASA’s ‘Zero Emissions’ Ruling

Colin Walker of The Energy & Climate Intelligence Unit, an environmental think tank, described the ASA’s ruling as “extremely odd.”

He noted that assessing all fuel types of cars based on the CO2 emitted from their exhaust pipes is “standard practice” and referred to the government’s Zero Emission Vehicle Mandate, which already applies the term to electric vehicles.

Mr. Walker told This is Money, “It seems perverse that automakers, in an effort to meet their targets under this mandate for the number of zero-emission vehicles they must sell, are being told they cannot market those vehicles as zero emission.”

The reality is that an electric vehicle emits three times less carbon dioxide than a combustion engine vehicle over its entire lifecycle, from construction to disposal. Furthermore, this gap will increase as more renewable energy sources are integrated into the UK’s power grid.

Given this ruling, it is puzzling why the ASA allows automakers like Toyota to market their hybrid vehicles as “self-charging” – as if the power in their batteries is magically generated from thin air, rather than the gasoline burned in their engines. To be precise, it is not.’

ASA’s crackdown on EV terminology in advertising

In 2022, the ASA published a report on consumer understanding of commonly used environmental terms. Including “electric” and “hybrid” vehicles, as well as “carbon neutral” and “net zero.”

Advertisers are advised to be clear about claims related to “zero emissions.” This advice applies when describing environmentally friendly products, such as electric vehicles.

An ASA representative told This is Money: “For years, we have been overseeing the regulation of environmental claims in advertisements, consistently emphasizing the need for robust evidence to support any objective claims.”

“For unequivocal claims, advertisers must consider the entire lifecycle of a product and back up their claims with substantial evidence.”

“Unlock your financial potential with free Webull shares in the UK.”

This is a well-established stance, supported by independent consumer research indicating that claims made in electric vehicle advertisements are not consistently understood.

“In this case, both advertisements used the phrase ‘zero emission’ to describe their vehicles without providing any clarification.”

We acknowledge that electric vehicles produce no emissions while in operation. However, considering the emissions produced during production and the potential emissions depending on the charging source, we determined it would be deceptive to objectively refer to them as “zero emission” and imply that the product had produced no emissions.

The ASA recently admonished Kia and Mercedes for advertisements promoting the ‘official’ maximum range figures for new electric vehicles, contrasting with the actual range drivers could reasonably expect to achieve.

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