Electric vehicles keep growing in popularity, partly due to their reduced impact on the planet when compared with their internal combustion engine counterparts. They are also a hot topic with the Advertising Standards Agency, as can be attested to by Audi (part of the Volkswagen Group) which found itself in hot water with the regulator following charging time and maximum range claims in a video on demand advert. The ASA adjudication notes that the ruling is one of several investigations into claims about electric vehicle mileage ranges, and calls out decisions published on 20 December, including ones about Kia and Mercedes.
The ad
The ad in question advertised the Audi Q8 e-tron on the ITVX streaming service on 19th April 2023.
The ad claimed to “charge in approx. 31 minutes” and contained a footnote which stated “10-80%, 350kWh charger… actual times very (depending on e.g. spec…). Longer in cold weather”.
The ad also claimed to reach “330 miles maximum range” which was supported by a footnote stating that the “Max range up to 330 miles (official WLTP range…). May not reflect real life driving results”. The ad showed the car's dashboard where the “Range” displayed stood at 330 miles.
The ASA launched the investigation following a complaint which challenged whether the “charge in approx. 31 minutes” and “330 miles maximum range” were misleading.
Audi's response
Audi said that Clearcast had approved its claims, including the substantiation and the quantifying language. (It still seems odd that Clearcast approves ad VOD ads that are then assessed under the non-broadcast CAP Code, but there you go!)
They considered the “charge in approx. 31 minutes” claim to have conservative, rather than absolute referencing by using the qualifier of approximately, and pointing to its clearly caveated footnotes. As such, Audi was confident that an average consumer would understand the claim and its basis.
In response to the maximum range claim of 330 miles, Audi said that their claim was determined by factory testing. They provided a document from a German motor authority which stated that the highest maximum mileage in the e-tron range was 390 miles, and 326 miles at the minimum. Audi highlighted that four out of six models had a range of more than 330 miles and therefore acted cautiously by selecting a maximum mileage range likely to cover a wider group of specifications.
Further factory testing data showed that the e-tron took 31 minutes to charge from 10% to 80% when using a 170kW charging system. Audi said that providing figures for 10% to 80% range is common practice because it reflects to best practice in preserving battery life.
In all, Audi did not believe the viewers would understand the claim to mean that the 330-mile range would be achievable on a 31-minute charge of 80%.
Clearcast agreed that the two claims were clearly distinct and considered that consumers would understand the phrase “may not reflect real life driving results” as results based on lab-conducted tests.
Voltage Vagueness
The ASA was not persuaded and upheld the ruling, concluding that the ad was in breach of CAP Code rules 3.1 and 3.3 (Misleading advertising), 3.9 (Qualification). The regulator considered that the ad was targeted at new entrants to the EV market, and listed some key capabilities in order to aid the decision-making.
The prominent “charge in approx. 31 minutes” and “330 miles maximum range” claims appeared on the screen successively, albeit with a two second gap between them, which gave the impression that a charge of 31 minutes could achieve a mileage of 330 miles. As such, ASA expected clearer qualifying text.
With regards to the range claim, the ASA considered it misleading and unqualified because the testing procedure began with a battery charged to 100%, which was not communicated in the ad. The ASA considered the average consumer would understand the range of 330 miles be achievable on the recommended 80% charge. The ASA did not consider the superimposed text to sufficiently support the claim.
Take home
There is now a growing body of decisions about both rate of charge and maximum range claims for EVs. These need to be carefully considered when preparing such claims to make sure all the relevant caveats are included. The ASA seems to have particular concerns about the fact the results that are created for comparative purposes by tests undertaken using the Worldwide Harmonised Light Vehicle Test Procedure (WLTP) guidelines will not reflect what consumers can achieve in the real world. Furthermore, this ruling not only demonstrates the high bar for qualifying text, it is yet another reminder that Clearcast approval does not guarantee that an ad will get over the finishing line when scrutinised by the ASA.
However, the superimposed text did not support the message conveyed by the more prominent text; that the vehicle range could achieve a maximum mileage of 330 miles, and that this could be achieved following a charge taking 31 minutes. We considered that the overall message of the ad was rendered ambiguous and concluded, therefore, that it was likely to mislead.
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