ASA labels manufacturers ‘zero emissions’ claims misleading

The Advertising Standards Authority (ASA) has ruled that two adverts from different manufacturers making ‘zero emissions’ claims in marketing material were misleading.

A paid for BMW advert on Google seen on August 16, 2023, featured the claim, “Zero emissions cars – Download your brochure today. Visit BMW’s official online website. Find the perfect BMW electric car. Book a test drive. Explore a range of BMW electric cars…”.

However, the ASA challenged whether the claim "zero emissions cars" misleadingly represented the vehicles’ environmental impact.

In response, BMW UK said they had bid on terms such as ‘zero emission cars’ to target consumers who used such searches to find out information about battery electric vehicles (BEVs).

The manufacturer said the term ‘zero emission cars’ was inserted into the ad due to the automatic keyword feature in Google Ads, adding it was not aware that facility had been activated for those search results and it was only on receiving the complaint they discovered it.

The result was that the claim appeared in a small selection of search results. Specifically, 0.02% of the impressions delivered by the BMW paid search activity.

BMW said it was aware that when making claims about zero emissions in relation to BEV, an ad should make clear that it is only when driving and this was otherwise reflected across its marketing communications.

It has subsequently halted all bidding on “zero emissions cars” keywords and reviewed all generic keywords it bids against.

BMW said in future it would turn off the automatic keyword feature in Google Ads when bidding for “zero emissions cars” keywords and add manual copy to ensure greater control. It would also vet future activity with generic keywords before activation.

Upholding the claim that the advert was misleading, the ASA said in its ruling that the Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code) requires that marketing communications must not materially mislead or be likely to do so.

The basis of environmental claims must be clear, it added. Consumers would interpret the ad as promoting BMW’s portfolio of electric cars and that those cars would produce zero emissions in all circumstances, it said.

However, this did not take into account emissions from the manufacture or charging of a BEV.

As such, the ASA said that the ad featured a zero emissions claim that did not make explicitly clear it was related to the reaction of the vehicle while it was being driven so was likely to mislead.

The manufacturer was told to ensure that ads referring to zero emissions in future made clear the claim related to a BEV only when it was being driven.

MG Motor UK also fell foul of the same rules when a paid for Google ad for MG seen on August 16, 2023, featured the claim, “Find a dealer – Book a test drive. Save £1,000 on your next MG HS plug-in hybrid, MG ZS or MG5 EV Trophy long range renewed with a modern design, increased range, and even more technology. Zero emissions".

Again, the ASA challenged whether the claim "zero emissions" misleadingly represented the vehicles’ environmental impact.

The ASA said that a zero-emissions claim for a BEV that did not make explicitly clear it related to emissions produced when the vehicle was being driven was likely to mislead.

“Hybrid vehicles emitted greenhouse gases from the tailpipe when the petrol or diesel source was in use,” it said in its ruling.

“Any associated ‘zero emissions’ claim needed to clarify that it referred to emissions while the vehicle was driven on the electric motor.

“Similar claims for vehicles powered by petrol or diesel engines would always mislead.”

MG confirmed that all references to ‘zero emissions’ had been removed from its ads.