Transport for London (TfL) and the Mayor of London have received a scolding from the UK’s advertising watchdog for misleading radio ads surrounding the ULEZ expansion.
In a highly complex inquiry, the Advertising Standards Authority (ASA) upheld a string of complaints covering radio and press advertisements broadcast between January and June 2023.
Starting with the sound of traffic from an open car door and featuring a voiceover, an ad from the Greater London Authority (GLA) had told viewers “everything in your car is designed to protect you, but none of that will protect you from this … the air you’re breathing. According to research, one of the most polluted places in London is inside your car.”
Following complaints, the ASA ruled the claim surrounding pollution levels inside London vehicles had not been “adequately substantiated and was likely to materially mislead” and that the GLA must ensure proper evidence was held in support of all marketing claims.
It said none of the studies relied upon by the adverts directly compared air pollution within a car in London to other locations around the capital. They instead provided evidence that closeness to the source of pollution increased exposure, that car users were exposed to air pollution when inside the vehicle and that it could be higher than when using other forms of transport.
The ASA noted three of the reports, which measured pollution levels inside cars, were based well outside of London; in Leicester, South Korea and Los Angeles. Two other studies shown to the ASA were funded by the GLA.
In seperate cases against TfL, the ASA said it had upheld two of five issues investigated after receiving 503 complaints from punters.
Two adverts, which claimed that NO2 levels in Central London had almost halved due to the ULEZ zone pre-expansion, were deemed misleading.
The data used by TfL had calculated the proportion of NO2 emmitted by traffic, before considering how wider trends outside the ULEZ, for example the shift to greener vehicles, may have impacted the figures.
But the ASA argued watchers would likely have taken the figures as representative of the reduction in NO2, determined by actually sampling levels before and after the scheme’s implementation.
Another ad, which claimed most air pollution-related deaths actually occur in Outer London rather than Central London, was deemed likely to mislead as it failed to clarify the assumptions were based on modelled estimates.
“Clear qualifying information to explain the basis of the claim was therefore required,” the ASA said, adding that TfL must ensure that the basis of all environmental claims was made clear in future ads.
A spokesperson for the Mayor of London said the ruling centred around a “minor technical point in an advert” and that it would “take this into account” when drafting and wording references in future adverts.
“The ASA is not challenging the science behind the advertisement, and we are confident that it contains nothing misleading.”
The spokesperson added: “There is clear agreement among experts and scientists that being a driver or passenger in a vehicle is one of the spaces where you are most exposed to traffic-related air pollution.
“Studies from global institutions have shown that exposure to air pollution, even at low levels, is very damaging to people’s health. We are satisfied with the science behind the claim and how we presented it.”
A TfL spokesperson said: “We are disappointed that the Advertising Standards Authority has upheld the complaints made against some of our advertisements. We believe that the information, which was based on robust scientific evidence, was clearly presented.
“The ASA did not challenge the science. Its ruling centres around a minor technical point in some ads. We will take this into account when drafting the wording and referencing in any future adverts.
The spokesperson added: “The science is absolutely clear about the significant harm of air pollution on people’s health and that estimated premature deaths from air pollution are higher in outer London than in inner London.”
“It is also clear from robust scientific assessment, that the central London ULEZ was key to almost halving the nitrous oxide (NOx) emissions in the original ULEZ area.”
This comes ahead of the mayoral election, where Sadiq Khan is looking to win an historic third term in power. ULEZ is set to be a crunch issue for Londoners living on the outskirts of the capital, after it proved pivotal in the outcome of the recent by-election in Uxbridge.