ULEZ: 'The science is clear,' says TfL as Advertising Standards Agency upholds complaints

A watchdog has upheld three complaints relating to publicity around the expansion of the Ultra Low Emission Zone (ULEZ).

The Advertising Standards Agency (ASA) looked at six issues relating to Sadiq Khan and Transport for London's (TfL) scheme. It said it was not its role to rule on the validity of the ULEZ, just to assess the claims in advertisements and the way they are presented.

Complaints were upheld around the wording of claims that central London has seen a "halving of levels of nitrogen dioxide" and that "most air pollution related deaths actually occur in Outer London areas". In both cases the ASA concluded that anyone hearing them would believe they came from direct data, rather than scientific calculations and modelling.

A further complaint related to a claim in a radio advert from the Greater London Assembly (GLA) which claimed that “according to research, one of the most polluted places in London is inside your car”. The ASA found that this was unsubstantiated in the evidence by comparison with other locations in the city.

The ASA rejected complaints around the claim that “London has an urgent air quality problem”, the claim of the ULEZ expansion being to “help clear the city’s air”, and the claim that “recent reports have shown a link between air pollution and an increased risk of developing dementia”.

A TfL spokesperson said: “We are disappointed that the ASA 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 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.

“Scientific analysis based on modelled scenarios and estimates is standard practice in the scientific community and central government.

“The expansion of the ULEZ 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."

A spokesperson for mayor of London Sadiq Khan said:  “The ruling from the ASA centres around a minor technical point in an advert. We will take this into account when drafting the wording and referencing in any future adverts. The ASA is not challenging the science behind the advertisement, and we are confident that it contains nothing misleading. The advert went through a robust policy and industry approval process.

“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.

“The ASA’s ruling is focused on a small technical point around in-car pollution and whether listeners would understand it in the context of other road users.  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.”

City Hall Conservatives environment spokesman Tony Devenish said the ASA's conclusion "shouldn’t surprise anyone", adding: "Sadiq Khan can’t be trusted. He doesn’t deserve another four years as mayor. Eight years is more than enough.”

ULEZ advertising complaint against TfL

Five issues with advertising by TfL were investigated, with two upheld and three not upheld. They related to the content of a television advert, four radio adverts and one in a newspaper.

Upheld

The ASA upheld complaints about two pieces of wording in relation to the ULEZ in central London: “we have seen almost a halving of levels of nitrogen dioxide” and “helping to reduce harmful nitrogen dioxide pollution by nearly half”.

It acknowledged the calculations used by TfL in the 'ULEZ one year report', which estimated a 46% reduction in NO2 concentrations between 2017 and 2022, taking into account other factors.

But it concluded that the statements in the adverts were "were likely to be understood as representative of the reduction in NO2 as recorded by, for example, air quality sampling before the introduction of the charges and since the implementation of the Central London ULEZ, rather than being based on the calculated difference between a non-ULEZ and a ULEZ scenario".

The second upheld complaint related to the quote: “Did you know that most air pollution related deaths actually occur in Outer London areas?”

The ASA found against TfL as it concluded that most people hearing the claim would believe it derived from "'actual' deaths" rather than modelled estimates.

The ASA told TfL to "ensure that the basis of all environmental claims was made clear in future ads".

Not upheld

The ASA rejected complaints relating to three claims:

1. “London has an urgent air quality problem”
2. For the ULEZ expansion to “help clear the city’s air” and “help clear London’s air”
3. “Recent reports have shown a link between air pollution and an increased risk of developing dementia”

ULEZ advertising complaint against the GLA

A radio advert for the expansion of the ULEZ was broadcast in February and March 2023. The complainants challenged whether the claim “According to research, one of the most polluted places in London is inside your car” was misleading and could be substantiated.

Responding to the complaint, the GLA provided 10 reports studies into air pollution, along with a video produced by the Guardian and King's College London, a newspaper article and a reference to the Chief Medical Officer’s annual report of 2022.

The ASA upheld the complaint, saying: "The evidence provided had established that proximity to the source of pollution increased exposure, car users were exposed to air pollution when inside their vehicle and that it could be higher than when using other forms of transport, and that London’s air was polluted. However, 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. For those reasons we concluded that the claim 'According to research, one of the most polluted places in London is inside your car' had not been adequately substantiated and was likely to materially mislead."

It was found to have breached three rules and the ASA told the GLA in future to "ensure that relevant evidence was held in support of all objective marketing claims".

Air pollution campaigners

Jemima Hartshorn, founder and director for Mums for Lungs, said: "We need to focus on the real heart of the matter: our air is becoming cleaner, and it's making a difference for our children's lungs. Let's not lose sight of the fact that initiatives like the ULEZ are genuinely helping clean up our dirty air. Fewer children are suffering from air pollution, and that's a win for everyone."

An Asthma + Lung UK Spokesperson said: “The science showing the dangers associated with air pollution on public health is robust. One in five people in the UK will have a lung condition in their lifetime, and it’s been widely proven that air pollution worsens lung conditions, including asthma and chronic obstructive pulmonary disease (COPD). For people with lung conditions, toxic air can worsen and trigger symptoms including wheezing, breathlessness and coughing and sometimes leads to life-threatening asthma attacks.

“Lungs of younger people are especially vulnerable to the impacts of toxic air. Harmful air pollution particles can penetrate deeply into the lungs of children, which can lead to stunted lung growth. Air pollution is a public health emergency, and it is essential bold action is taken to protect the health of future generations.”