Philip Morris sentenced for illegal sponsorship operation during the French Motorcycle Grand Prix

On April 9, the Angers Court of Appeal condemned Philip Morris Products (PMP) for its "Mission Winnow" sponsorship operation with the Italian automobile manufacturer Ducati during the French Motorcycle Grand Prix in 2019. The Court ruled that the very existence of a contract between the tobacco manufacturer and a third party, having been executed in France, was a violation of French law which prohibits any advertising, sponsorship or patronage operation in favor of tobacco.

The "Mission Winnow" logo first appeared on Scuderia Ferrari cars and driver uniforms at the Japanese Grand Prix in October 2018. It was criticized as an indirect form of promotion for the Marlboro brand, due to the similarity in shape and color of the logo.

Philip Morris-Ducati contract deemed illegal

In 2019[1], the CNCT had obtained in summary proceedings the prohibition on making or allowing any reference to the “Mission Winnow” brand of the cigarette manufacturer Philip Morris during the Le Mans Motorcycle Grand Prix. The association then pursued this case on the merits against PMP in order to have the existence of the harm caused to the fight against smoking recognized solely because of the existence and execution of the agreement in France. In its press release[2], the CNCT points out that patronage and sponsorship operations are subject to strict regulation under the anti-smoking policy. The cigarette manufacturer defended itself by stating that the agreement had no effect on French territory because it was executed in Switzerland, which the Court overturned by stating that: " It follows that, by the sole fact of the team's participation in the Grand Prix, the convention produced its effects in France, even if the references to the Mission Winnow brand had been temporarily withdrawn or obscured. ". She also states that the mere existence of an agreement between the tobacco manufacturer and Ducati is illicit because it is a sponsorship carried out by a tobacco manufacturer. Thus, with its large-scale "Mission Winnow" campaign, PMP deliberately violated the provisions of the French Public Health Code.

The 2019 interim decision had international repercussions, as Ferrari announced in 2021 that it would remove all Mission Winnow mentions from all races taking place throughout the European Union.[3].

The return of cigarette manufacturers to motor sports through CSR

Sports sponsorship is an effective form of indirect advertising for the tobacco industry. When restrictions on such advertising were introduced in some countries in the early 2000s, tobacco companies began to use more creative methods to circumvent the rules. Starting in 2018, some tobacco companies have taken a new approach to motorsport sponsorship to indirectly promote their new tobacco and nicotine products. Through their partnerships with Formula 1 (F1) and Grand Prix motorcycling (MotoGP) teams, Philip Morris International and British American Tobacco (BAT) are now focusing on corporate social responsibility (CSR), technology collaboration and innovation, rather than product brands.

This type of CSR activity is one of the tobacco industry's tactics to restore its image and divert attention from the harm it continues to cause. End of 2023[4], Philip Morris and Ferrari have announced a partnership in electric power and batteries, and are aiming for carbon neutrality for two of their Italian plants. This speech is mainly used by the tobacco manufacturer as a new opportunity to promote its heated tobacco device and vaping products.

Early April[5]BAT has announced that it has extended its multi-year partnership with McLaren Racing. Under the agreement, BAT will continue to be an Official Principal Partner of the McLaren Formula 1 Team for the 2024 season and beyond. McLaren and BAT have also launched a partnership called “Driven by Diversity” which is billed as “ Educate individuals and organizations on the value of diversity and inclusion in motorsports "This campaign actually helps to promote the manufacturer's nicotine products to an even younger audience, which is also sensitive to issues of diversity and inclusion.

Keywords: Mission Winnow, Philip Morris, Ducati, CNCT, motor sports, Moto Grand Prix, Formula 1, CSR, Ferrari

©Generation Without Tobacco

AE

[1] Press release, French Grand Prix at Le Mans: Justice rules in favor of the CNCT and prevents Philip Morris from returning to the circuits, CNCT, published on May 15, 2019, consulted on April 29, 2024

[2] Press release, According to the Angers Court of Appeal, the very existence of a sponsorship contract between Philip Morris and Ducati is illegal, CNCT, published on April 29, 2024, consulted the same day

[3] Press release, Mission Winnow logo banned from European races: a bitter defeat for cigarette manufacturers, CNCT, published June 18, 2021, consulted April 29, 2024

[4] Tobacco-free generation, Philip Morris and Ferrari seek to green their image, published on December 27, 2023, consulted on April 29, 2024

[5] Tobacco-free generation, British American Tobacco and McLaren Racing announce continued partnership, published on April 16, 2024, consulted on April 29, 2024