Advertisment
The advertisement was initially seen as a poster in one of the advertisers’ vehicle dealerships and stated:
“Cooling the Earth by 1˚C”.
The claim was further seen on the advertiser’s X account as text accompanying a video of one of their electric vehicles being driven and read in full:
“As a global Fortune 500 company, our ambitions are big. We believe that you can create the future you want. As a company, we brainstorm, we solve, and we build. Our dream is for a more sustainable future, with a mission to cool the earth by 1 degree.”
Finally, the claim appeared once more on the advertisers’ website and was expanded upon to state the following:
“Cooling the Earth by 1˚C.
BYD is on a mission to reduce the Earth’s temperature by 1˚C. To help achieve this, BYD have been working tirelessly to reduce global emissions by leveraging electricity to power urban transport.”
Complaint
The complainant objected to the claim and mission statement used within the advertising and said that the information was not supported by any independent scientific study. The complainant said that it would not be possible to cool the entire planet by 1˚C by electrifying urban transport, nor would it be possible if all road transport was electrified.
In light of the above, the complainant considered the advertising to be greenwashing and misleading and believed that the advertising had the potential implication to endanger public health by delaying wider and more urgent climate action.
Response
The advertisers said that it was not their intention in any way to mislead consumers with their marketing communications.
The advertisers confirmed that the communication in question was on one section of their website, in one of their dealership premises (BYD South Dublin), and in one social media communication posted in August 2023 which was not repeated. They said that the message was not a main communication pillar and that the BYD brand did not lead with environmental or ‘green’ credentials in its marketing mix.
The advertisers explained that in two of the three instances referenced, the copy line correctly referred to the fact that this was the BYD company global mission – a vision of the future – that the entire organisation was working hard to achieve. The advertisers conceded that in the instance involving the poster in the BYD South Dublin dealership, clarity was missing and that they were already in the process of working to address this by adding the line “Our Mission” before receiving the ASA Executive’s request for comment. They explained that this poster was installed with the express purpose of branding a space when the BYD Chairman was visiting Ireland. They said that this was done in haste and that there were already plans afoot to overhaul and upgrade the branding within that location.
The advertisers said that the BYD global company mission statement “to cool the earth by 1˚C” reflected their continued global efforts over the past 28 years and was backed up by these extensive efforts and their significant achievements along the way which focused on delivering a positive environmental impact with their proprietary technology in cars, non-cobalt batteries, trucks, busses, and new energy solutions. The advertisers said that the statement also extended into their policies and actions around manufacturing and shipping and that everything about BYD was driven by this mission.
The advertisers said that on the basis that their mission has been and will confidently remain to “cool the earth by 1˚C”, they believed it was appropriate to include this information about the BYD brand on a small scale and in tandem with the information pertaining to technology, design, models, performance, etc., on their website.
The advertisers concluded by explaining that this mission message was not one used in their mainstream BYD advertising campaigns. Notwithstanding this, however, they said that they would review all communications media (point-of-sale included) with the aim of clarifying, qualifying or removing, if necessary, any content to which the ASA’s adjudication related. The advertisers said they would welcome the ASA’s guidance on how they should proceed to ensure that they fully complied with the requirements.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted the advertisers’ willingness to engage with the ASA Executive to ensure that their advertising fully complied with the requirements set out in the Code.
The Complaints Committee noted that a number of claims had been made around the theme “Cooling the Earth by 1˚C”. In relation to the standalone claim “Cooling the Earth by 1˚C”, they noted it had been made in error, omitting the reference to ‘mission’. Nevertheless, even in relation to the claim including the reference to ‘mission’, the Committee noted that evidence to substantiate how the activities of the company would result in a reduction of the Earth’s temperature by 1oC had not been submitted. In the circumstances, the Committee considered that the advertising was misleading and therefore breached the Code at sections 4.01, 4.04, 4.09, 4.10, 15.02, and 15.05.
Action Required:
The claim used within the advertisement must not reappear unless evidence has been submitted substantiating it.
