European Union: Fuel Consumption In Car Adverts: Strict New Decision From The RCC

Under European legislation, fuel and CO2 information must be disclosed in a number of types of adverts for private cars. This is designed to help the consumer make a choice, bearing in mind both costs and the environment. The fuel and CO2 information is established in European laboratories, under conditions that are  prescribed in detail by law. However, these results for cars (even if they're not 'massaged') consistently seem to yield more flattering figures than can ever be achieved for the cars in day-to-day use. But should the advertiser also state this, because the advert would otherwise be misleading? Until now, the answer has been 'no'. Manufacturers only have to mention the official information. Also, it's widely known that the published figures are laboratory results that do not mirror day-to-day performance.

In a recent ruling on fuel consumption of the Peugeot 2008, however, the Dutch Advertising Code Authority took a strict line. The fact that fuel consumption is reported in line with the statutory rules does not mean that it is not misleading. The President commented that the consumer is indeed well aware that the official fuel information is unrealistic. But it should still be pointed to the consumer that the consumption figures shown are the official figures and not those that can be achieved in practice.

This ruling means that it would make sense for anyone wanting to steer a safe course to mention that the fuel and CO2 information shown reflects the official figures. For instance by adding a rider "Official fuel and CO2 information". An explicit disclaimer, warning that the official information does not reflect actual use, would be taking matters a step further. But the President proceeded on the basis that the average consumer knows that the official information is not an indication of performance in practice. This extra notification seems not to be a legal requirement. 

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