While most car manufacturers are powering ahead with electric and electric-hybrid vehicles, some car manufacturers are going their own way.
One such outlier is
Impressive though it might be,
On its website,
You guessed it, one person challenged the claim "A car so beautifully clean, it purifies the air as it goes".
ASA's decision
The ASA upheld the complaint.
The ASA considered that the claim "A car so beautifully clean, it purifies the air as it goes" would be understood to mean that the car had negligible environmental impact overall, and would remove impurities from the air/environment as it was driven, such that no impurities caused by driving it would remain in the air.
The complainant had raised concerns because they understood that, although the car would not release exhaust fumes like a traditional combustion engine, it would still release particulates as a result of brake and tyre wear.
We acknowledged that there were air filtration systems in place within the Hyundai NEXO, which would filter the air before it was used in its hydrogen fuel cell. However, we understood particulates from brake and tyre wear would still be released into the air and would not necessarily be removed by the car, unless they happened to pass through its air filtration system.
The ASA understood that particulates from brake and tyre wear were a significant source of air pollution from vehicle use.
Relevant rules
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 11.1, 11.2 and 11.3 (Environmental claims).
Action
The ad must not appear again in the same form. The ASA told
Comment
The advertiser does not seem to be full of hot air. The car seems to have strong environmental credentials, but this ruling shows the intense focus on green claims. Stick to those claims that are clear and can be robustly substantiated.
Cheeky plug (not of the electrical variety)
If you are interested in learning more about environmental claims in the context of automotive advertising, you might be interested in the following free event.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
35th Floor
10005
Tel: 212705 4895
Fax: 347438 2185
E-mail: sbess@galalaw.com
URL: www.galalaw.com
© Mondaq Ltd, 2021 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source