The tobacco industry and motor sports

Launched in 1950, the Formula 1 (F1) championship has seen its influence grow year by year. It was in 1968 that sponsorship by brands other than those from the automobile industry was authorized in order to compensate for the budget losses caused by the withdrawal of British Petroleum and Shell.[1] Very quickly, the tobacco industry was able to seize the opportunity and establish itself as one of the biggest sponsors in motor sports.

Sports sponsorship is an indirect and effective form of advertising for the tobacco industry, particularly to reach young people. Motorsports offer attractive audience ratings for the tobacco industry. Formula 1 has become one of the most watched and followed sporting events with over 500 million fans worldwide.[2] In 2020, F1 recorded considerable audience figures despite a season lightened by the restrictions generated by the Covid19 pandemic crisis. On average, each race brought together 87.4 million viewers, representing a cumulative audience of 1.5 billion people across the planet.[3]

The motorcycle sports industry was also for many years governed by sponsors from major tobacco companies. In the 1980s, brands such as Rothmans and Lucky Strike invested heavily in the sport following Marlboro's lead.[4] Broadcast by more than 100 distributors worldwide, MotoGP brought together more than 400 million viewers in 2018 and saw its audience ratings climb. MotoGP, like its automobile counterpart, does not rely solely on the television broadcast of its events but is very active on the internet and social networks. The general following of MotoGP on the internet can reach up to 340 million people.[5]

The importance of motorsports in attracting young people and maintaining the tobacco industry's customer base

Through an exposure of tobacco manufacturers via motor sports, they seek to restore their image of adventure, performance, mastery of technology as F1 can represent. These sports are particularly popular with young people, a privileged target allowing the sustainability of markets.

According to research, 14% of viewers are under 25, making it the most watched sport among young people after the NBA basketball championship.2

Today, the tobacco industry is increasing its sponsorship in motor sports and diversifying by participating in the organization of online events such as virtual races. This was the case in June 2020 of British American Tobacco which, via McLaren, promoted its Velo brand[6] (small oral nicotine sachets).[7] According to an investigation by the Bureau of Investigative Journalism, this sponsorship campaign even financed the live music concert by the band Rudimental, on the YouTube channel of the vaping brand Vuse, which was intended to close the Formula 1 season.[8] These approaches to younger people are part of an image approach, strengthening attachment to brands and recruiting new customers.[9]

The 1970s to 1990s marked the history of tobacco industry sponsorship of motorsport. The most emblematic example of this movement is the association of Philip Morris (PMI) through its flagship brand Marlboro with the Italian giant Scuderia Ferrari. This relationship dates back to 1984 and is still active since PMI still sponsors the Italian brand's equipment.[10] The 1990s and 2000s saw political actors take action to curb the influence of the tobacco industry.

National and international measures to stop this sponsorship by the tobacco industry

In France, the Veil law of 1976 already included provisions for the prohibition of sponsorship by the tobacco industry and was particularly pioneering in this respect. The Evin law of 1991 supplemented the system in terms of a global ban on all forms of advertising, promotion and sponsorship and the law on the modernization of the health system in 2016 further extended the scope to patronage. Today, the provisions in this area, brought together in the Public Health Code, are very clear and establish a general principle for the prohibition of this type of promotion of smoking. In terms of sponsorship, the law specifies in its article L 3512-4: : “Any sponsorship or patronage operation is prohibited when it is carried out by manufacturers, importers or distributors of tobacco products or when it has as its object or effect direct or indirect propaganda or advertising in favor of tobacco, tobacco products and ingredients.”

The only exception mentioned concerns the retransmission authorized for television channels of motor sports competitions when these take place in countries where tobacco advertising is authorized. This exception initially adopted was explained by the difficulty that this medium could have in blurring the images of brands, logos in the case of direct retransmissions. However, this exception is strictly regulated by case law adopted as doctrine by the CSA[11]. Furthermore, the evolution of legislation on the prohibition of international advertising has evolved considerably since the adoption of this exception.

Indeed, the year 2003 marked a turning point in the fight against tobacco with the adoption of the WHO Framework Convention on Tobacco Control, CCLAT. This treaty, developed under the auspices of the WHO, quickly entered into force in February 2005 and has now been ratified by more than 180 countries. Article 13 of this treaty concerns the prohibition of all advertising, promotion and sponsorship of tobacco products.[12] Countries within five years of ratifying the treaty must comply with this obligation, which has virtually universalized the ban on advertising throughout the world. In addition, guidelines relating to this article 13 have been adopted and they specify the practical arrangements for applying this article.

In Europe, tobacco industry sponsorship of Formula 1 is banned by the European Union Tobacco Advertising Directive 2005Most of F1's tobacco sponsors for motor racing in the EU have largely withdrawn, with the exception of the Scuderia Ferrari team, which continues to be funded by Philip Morris, and McLaren, which is supported by British American Tobacco through funding for its e-cigarette brand.

Only partial withdrawal of the tobacco industry from F1

In 2000, the Fédération Internationale de l'Automobile (FIA) voted, echoing the negotiation of the WHO Framework Convention, in favour of a complete ban on sponsorship of motor sport by the tobacco industry, with the measure to be implemented in 2006. But three years later, the FIA, which has close ties to the cigarette manufacturers, reversed this decision and opted for a simple recommendation, leaving the way open to tobacco manufacturers.[13]

The tobacco industry has also exerted major pressure on governments to obtain exceptions in this area. It has not hesitated to threaten governments with the withdrawal of the organization of these highly prized races on their territory.6 Nevertheless, the unprecedented success of the FCTC has meant that cigarette companies have withdrawn from the circuits, with the exception of the Ferrari team. The latter has continued to accept sponsorship from Philip Morris, although it had to remove the subliminal Marlboro-like barcodes from all its cars in 2010.[14]

The return of the tobacco industry to motor sports?

After several years of relative absence, several tobacco companies have adopted a new approach to sponsorship in motorsport: they are using their association with Formula 1 (F1) and Grand Prix (MotoGP) racing teams to engage in corporate marketing and demonstrate their commitment to reducing the health risks associated with their products. Despite bans, Formula 1 accepted $1.4 trillion in sponsorship from the tobacco industry in 2019. In 2020, the tobacco industry invested $1.4 trillion in sponsorship despite promises by F1’s governing body to ban tobacco advertising. 2

The Marlboro and Lucky Strike logos have been replaced by Mission Winnow for Philip Morris (both at Ferrari for Formula 1 and also for Ducati for MotoGP) and A Better Tomorrow for British American Tobacco (BAT). These two initiatives promote all of PMI and BAT's new products presented as alternatives to tobacco and "potentially reduced risk products". This return of cigarette manufacturers to the world of motor sports is thus part of an offensive strategy by them to reconquer declining markets. Behind these terms of corporate social responsibility (CSR), collaboration, dedication to science and technological innovation, the objective of these companies is to promote their tobacco and nicotine products.6

This return is not a given for cigarette manufacturers, however. On October 7, 2018, Mission Winnow made its first appearance on the international scene at the Japanese Grand Prix, but in March 2019, Mission Winnow disappeared from the equipment following criticism that the logo's resemblance to Marlboro was obvious.[15] In 2019, McLaren partnered with British American Tobacco and had the words "A Better Tomorrow" emblazoned on the bonnets of its cars, reminiscent of the tobacco group's campaign to promote its new products.[16] In response to this return, the World Health Organization urged states to fully implement the provisions banning the promotion and sponsorship of tobacco, and in particular pointed to motor and motorcycle sporting events. The WHO also recalled that PMI had registered the "Mission Winnow" logo as a trademark "including for the use of tobacco products." [17] Although PMI has subsequently revised the use of the mark, it remains active in relation to heated tobacco products. Australian and European Union (EU) authorities have been brought in to investigate potential violations of tobacco advertising regulations. In France in 2019, the CNCT successfully took legal action to block the tobacco giant Philip Morris from banning the sponsorship of Ferrari and Ducati cars and motorcycles at the Le Mans Grand Prix by the tobacco company, as well as any reference to Mission Winnow in communications.[18]

[1] Reid, Caroline, « 20 brands that defined F1 », Raconteur, March 19, 2015, consulted on March 23, 2021

[2] Driving addiction, F1 and tobacco advertising », Stop Tobacco Organizations & Products, July 2020, accessed March 22, 2021

[3] " Formula 1 announces TV and digital audience figures for 2020 », Formula 1, February 8, 2021, accessed March 24, 2021

[4] Richards, Seth, « The Rise And Fall Of Big Tobacco Money In Motorcycle Racing », Motorcyclist, June 20, 2019, accessed March 25, 2021

[5] " MotoGP TV coverage hits new highs in 2018 », MotoGP, March 18, 2018, accessed March 25, 2021

[6] Generation Without Tobacco, " United States: Concern over the consumption of nicotine pouches ", February 12, 2021, accessed March 29, 2021

[7] " Velo X McLaren racing virtual fan race ", McLaren, June 7, 2020, accessed March 26, 2021

[8] Chapman, Matthew, « New products, old tricks? Concerns Big Tobacco is targeting youngsters », The Bureau of Investigative Journalism, February 21, 2021, accessed March 25, 2021

[9] CNCT, " Formula 1 continues to accept funding from the tobacco industry ", accessed March 26, 2021

[10] " Motorsport Sponsorship ", Tobacco Tactics, March 19, 2021, accessed March 22, 2021

[11] "Considering that, given the highly contentious nature, with regard to tobacco advertising legislation, of the broadcasting of images relating to motor sports competitions largely sponsored by tobacco product manufacturers, it was up to the television channels concerned to take all necessary precautions to comply with and ensure compliance with the applicable legislation; That (..) the nonchalance displayed by certain journalists did not give rise to any corrections; That even in the absence of any commercial link with tobacco merchants, the knowing violation of a legal requirement is sufficient to characterize the intentional element of the offense against the companies that broadcast the Dakar rally" (CA Paris 13th Ch., 24/09/07, CNCT v. France Télévisions, France 2 and France 3, overturning TGI Paris 31st Ch., 30/03/06). Decision confirmed by the Court of Cassation: "Whereas the exception for the retransmission of motor sports competitions in Article L 3511-5 of the CSP (now L3512-6) is limited to the possibility of broadcasting these competitions, to meet the needs of information, in real time or in situations close to it, without extending to rebroadcasts of images occurring several hours or several days after the event, the Court of Appeal justified its decision" (C. Cass. 14/05/08).

[12] World Health Organization, WHO Framework Convention on Tobacco Control, 2003, consulted on March 24, 2021

[13] " FIA withdraws tobacco ban », Motor Sport, June 26, 2003, accessed March 26, 2021

[14] Noble, Jonathan, « Ferrari removes barcode design ", Autosport, May 6, 2010, accessed March 29, 2021

[15] Impey, Steven, « Ferrari removes Mission Winnow FIA entry », Sports Pro, March 4, 2019, accessed March 26, 2021

[16] " Our global partners McLaren unveil new F1 car », BAT – A Better Tomorrow, consulted on March 31, 2021

[17] World Health Organization, “ WHO urges governments to enforce bans on tobacco advertising, promotion and sponsorship, including motor sports ", March 14, 2019, accessed March 26, 2021

[18] CNCT, " French Grand Prix: Justice rules in favor of the CNCT and prevents Philip Morris from returning to the circuits ", May 15, 2019, accessed March 24, 2021

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