Objections were raised because of the environmental claims made in the ad, which had the text:
"Joy presses you back in your seat. It's a lesson in EfficientDynamics - our way of doing more with less. Part of the thrill of being in an accelerating BMW is knowing nothing is going to waste. High Precision Fuel Injection gives you abundant power, using less fuel. So you can step on the accelerator, knowing Joy will minimise the CO2 emissions. The story of Joy continues at bmw.co.uk/joy. THE BMW Z4 sDRIVE35is JOY IS FUTUREPROOF. BMW EfficientDynamics Less emissions, More driving pleasure."
The associated small print read:
"Official fuel economy figures for the Z4 sDrive35is Roadster: Urban 22.4 mpg (12.6 l/100km). Extra Urban 40.9 mpg (6.9 l/100km), Combined 31.4 mpg (9.0 l/100km). CO2 emissions 210 g/km. BMW EfficientDynamics reduces BMW emissions without compromising performance developments and is standard across the model range."
The complainants thought this implied that a CO2 emissions level of 210 g/km was low. They in fact understood it to be relatively high, meaning BMW’s advert was misleading (although perhaps not to them?).
BMW (UK) responded by saying the emissions from the current Z4 range were significantly reduced compared to the previous generation, and the 210 g/km of CO2 produced by the 335 bhp (250 kW / 340 PS) Z4 sDrive35is is lower than all of its competitors.
Indeed, that seems to be correct: For example, the slightly less powerful Mercedes-Benz SLK 350 and Porsche Boxster S have CO2 figures of 227 g/km and 223 g/km respectively.
But BMW’s defence was to no avail. The ASA ruled that the advert was ‘likely to mislead without further qualification’, because 210 g/km was a relatively high figure for any car. Consequently, the advert should not appear again in its current form.
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