Netherlands: Complaint filed against McLaren for advertising VELO nicotine pouches during Formula 1 championship

The Dutch Heart Foundation, the KWF Cancer Fund and the Lung Fund are taking the matter to the Advertising Code Commission in an attempt to prevent McLaren from advertising nicotine pouches from the British American Tobacco (VELO) brand during the Formula 1 championship in Zandvoort (Netherlands). The Dutch government announced last April that it wanted to ban the sale of nicotine pouches in the country.

VELO features on the McLaren Formula 1 car. This car will be highly visible during the races at Zandvoort the week of August 21 and in the associated advertising campaigns[1]. The fact of displaying the VELO brand in the form of "Love", as was envisaged in the context of a competition organized among the team's fans, remains a form of advertising, in the eyes of health organizations.

Legal uncertainty over the status of nicotine pouches in the Netherlands

Last April, the Dutch government joined a growing list of European countries to ban the sale of all types of nicotine pouches on health grounds. The reasons cited include the easy accessibility of the products to minors, even though they quickly lead to addiction.[2]. In addition to banning the sale of these products, the government plans to ban their advertising and consumption in places of collective use where smoking and vaping are already prohibited. To do this, the government plans to extend the current legislation applicable to tobacco to all other types of non-tobacco nicotine products, including nicotine pouches.

However, this new Dutch legislation is still being drafted, which means that McLaren considers that it can promote the Velo brand in Zandvoort. According to the organisations behind the appeal, advertising is not possible since it encourages behaviour that is toxic to health. This is the argument they will develop in their action before the Advertising Code Commission.

" This shows once again that the tobacco industry is doing everything in its power to keep young people addicted in order to continue its deadly business. ", said Carla van Gils, director of the Dutch Cancer Society KWF, in a press release.

Advertising expert Jan Driessen points out McLaren's brand strategy. If you know that the bags are not allowed for sale in our country, you should not want to advertise them. " he said. Using a sports team to advertise a nicotine pouch brand is an even lower-level maneuver because well-known athletes are popular with young people. ".

The tobacco industry returns to motorsports with its new products

Sports sponsorship is an indirect and effective form of advertising for the tobacco industry, particularly in reaching young people.[3]. Motorsports offer attractive audience ratings for the latter. After several years of relative absence due to the international provisions of the WHO treaty, the FCTC which prohibits this type of practice, several tobacco companies have adopted a new approach to sponsorship in motorsports. They are associating themselves as such with Formula 1 (F1) and Grand Prix (MotoGP) racing teams by displaying their commitment to reducing the risks that their new tobacco and nicotine products are supposed to represent. The Marlboro logos have thus been replaced by "Mission Winnow" for Philip Morris (both at Ferrari for Formula 1 and for Ducati for MotoGP) and "A Better Tomorrow" for BAT.

The National Committee against Smoking (CNCT) had however succeeded, through legal action, in blocking Philip Morris from sponsoring Ferrari and Ducati cars and motorcycles at the Le Mans Grand Prix by the cigarette manufacturer, as well as any reference to Mission Winnow in terms of communication.

Keywords: Netherlands, Formula 1, VELO, British American Tobacco, nicotine pouches, advertising

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[1] Filip Cleeren, Dutch health organizations file complaint over McLaren F1's nicotine branding, Autosport, published August 17, 2023, accessed August 18, 2023

[2] Tobacco-free generation, Netherlands bans nicotine pouches, published on April 25, 2023, consulted on August 18, 2023

[3] Tobacco-free generation, Fact Sheet - The Tobacco Industry and Motorsports

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