Advertisements for the expansion of the Ultra Low Emission Zone (ULEZ) made “misleading” claims about the levels of pollution inside cars and across London, a regulator has found.
The Advertising Standards Authority (ASA) upheld complaints against three radio adverts aired last year promoting the expansion of ULEZ from central London to all boroughs of the capital.
In a ruling published on Wednesday, the ASA determined a Transport for London (TfL) radio advert which claimed “most air pollution related deaths actually occur in Outer London areas” was misleading.
The ASA determined the ad, which aired between January and June 2023, did not clarify that the claim was based on models and estimates, potentially leading members of the public to understand the statement referred to actual deaths.
“Because the basis of the claim was not explained and evidence to support the claim as it was likely to be interpreted was not supplied, we concluded that the ad was likely to mislead,” the watchdog said.
The ASA ruled that a second TfL radio advert aired during the same timeframe was “likely to mislead” for claiming that as a result of the implementation of ULEZ, “we have seen almost a halving of levels of nitrogen dioxide” in central London.
The watchdog said the statement was based on calculating the difference between a “non-ULEZ and ULEZ scenario” rather than air quality sampling in central London before the introduction of ULEZ and since its implementation.
In a separate ruling, the ASA upheld a complaint about a radio advert created by the Greater London Assembly (GLA) which claimed, “According to research, one of the most polluted places in London is inside your car.”
The ASA determined the claims in the advert, which aired between February and March 2023, “had not been adequately substantiated and was likely to materially mislead,” noting “a direct comparison between the level of air pollution within a car in London to a variety of other locations and contexts around London had not been made.”
GLA: Advert ‘Contains Nothing Misleading’
TfL said it was “disappointed” with the advertising regulator’s rulings. A spokeswoman said: “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 spokeswoman continued: “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 emissions in the original Ulez area.
“The expansion of the Ultra Low Emission Zone is playing a crucial role in the reduction of air pollution—improving air quality for everyone in London and reducing the harms to health associated with vehicle emissions.”
Meanwhile, a spokesman for London Mayor Sadiq Khan said they were “confident” that City Hall’s advertisement “contains nothing misleading. The advert went through a robust policy and industry approval process.”
“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,” the spokesman added.
Mr. Khan’s expansion of ULEZ across the entirety of London came into force in September 2023. Non-compliant vehicles which do not meet emissions standards must pay a daily fee of £12.50 to enter the city. Failure to pay the charge can result in fines of up to £180.
Recently published figures revealed that in the first six weeks of the ULEZ expansion, 97,786 fines were issued, earning TfL over £8.8 million.
