The legally required statement "0g CO2/km" in an advertisement by Lucid for its electric car, the Lucid Air, is misleading, according to the Advertising Code Committee ("ACC"). Lucid should have made it clear that this statement refers only to "direct" CO2 emissions while driving.

In an advertisement in NRC Handelsblad, Lucid showed a picture of the Lucid Air with small print at the bottom including: "0g CO2/km". Complainants find this mention misleading. An electric car indeed has no "direct" CO2 emissions while driving, but there are always "indirect" CO2 emissions while charging the car. By not clarifying this, Lucid, according to complainants, gives too rosy a picture of the environmental benefit of electric driving. Consumers would think that there are no CO emissions at all with electric driving, even while charging.

Lucid argues that it is legally obliged to state the CO2 emission per kilometer driven. According to Lucid, this is factual information and not advertising within the meaning of art. 1 NRC. The statement "0g CO2/km" is also factually correct, because in electric cars there is no CO2 bounce while driving.

However, the fact that Lucid is required by law to mention the CO2 emissions, the ACC does not find a reason not to consider the advertisement in its entirety, including the mention "0g CO2/km", as advertising. The ACC also finds the statement misleading. According to the ACC, it is unclear to the average consumer that the stated C02 emissions are the result of a statutory WLTP test procedure. It is therefore unclear that this refers only to the "direct" CO2 emissions per kilometer driven while driving, even though it is stated "CO2/km". The average consumer cannot be expected to know this either, according to the ACC. Lucid should therefore have clearly mentioned this essential information in the advertisement. 

This ruling shows once again that it is important to make it very clear in advertisements what aspect of information on CO2 emissions is mentioned. Even if that information is prescribed by law.