The tobacco industry and motor sports

Launched in 1950, the Formula 1 (F1) championship sees its influence grow from year to year. It was in 1968 that sponsorship by brands other than those from the automobile industry was authorized in order to compensate for the budgetary 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. Motor sports offer attractive audience figures for the tobacco industry. Formula 1 has become one of the most followed and viewed sporting events with more than 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 sport industry has also for many years been governed by the sponsorship of large tobacco groups. In the 80s, brands like Rothmans and Lucky Strike invested massively in this sport following the approach of Marlboro.[4] Broadcast by more than 100 distributors around the world, MotoGP attracted more than 400 million viewers in 2018 and saw its audience rates climb. MotoGP, like its automotive 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 motor sports in attracting young people and sustaining the tobacco industry's customers

Through 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 the markets.

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

Today, the tobacco industry is increasing its sponsorship of 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 of the group Rudimental, on the YouTube channel of the vaping brand Vuse, which aimed to close the Formula 1 season.[8] These approaches to younger people are part of an image process, strengthening attachment to brands and recruiting new customers.[9]

The years 1970 to 1990 marked the history of sponsorship of motorsport by the tobacco industry. 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 provided for provisions prohibiting sponsorship by the tobacco industry and was particularly pioneering in this sense. The Evin law of 1991 completed the system in terms of a global ban on all forms of advertising, promotion and sponsorship and the law to modernize the health system in 2016 further extended the scope of patronage. Today, the provisions in the field, brought together within the public health code, are very clear and establish a general principle prohibiting this type of promotion of smoking. In terms of sponsorship, the law specifies in 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 its object or effect is direct or indirect propaganda or advertising in favor of tobacco products. tobacco, tobacco products and ingredients.

The only exception mentioned concerns the authorized retransmission for television channels of motorsport competitions when the latter 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 images of brands and logos in the case of direct retransmissions. However, this exception is strictly framed by case law taken up as doctrine by the CSA[11]. In addition, the evolution of legislation regarding the ban on international advertising has evolved significantly since the adoption of this exception.

Indeed, the year 2003 marked a turning point in tobacco control with the adoption of the WHO Framework Convention on Tobacco Control, FCTC. This treaty developed under the aegis 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 generalized 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, sponsorship of Formula 1 by the tobacco industry 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.

A only partial withdrawal of the tobacco industry from the world of F1

In 2000, the International Automobile Federation (FIA) voted, echoing the negotiation of the WHO Framework Convention, in favor of a complete ban on the sponsorship of motor sport by the tobacco industry with a application of this measure for the year 2006. But three years later, the FIA, which is closely linked to tobacco companies, reversed this decision and opted for a simple recommendation, leaving room for tobacco manufacturers.[13]

The tobacco industry has also exerted major pressure on governments to obtain exceptions in this area. It did not hesitate to threaten the latter with the withdrawal of the organization of these very popular races on their territory.6 Nevertheless, the unprecedented success of the FCTC meant a withdrawal of tobacco companies from the circuits apart from the Ferrari team. The latter continued to accept sponsorship from Philip Morris even though it had to remove subliminal barcodes reminiscent of Marlboro 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 motorsport sponsorship: they use their association with Formula 1 (F1) and Grand Prix (MotoGP) racing teams for marketing. company and display their commitment to reducing the health risks linked to their products. Despite the bans adopted, Formula 1 accepted, in 2019, $100 million in sponsorship from the tobacco industry. In 2020, the latter invested $115 million despite promises made by the F1 governing body to ban tobacco advertising2.

The Marlboro and Lucky Strike logos were replaced by Mission Winnow for Philip Morris (both at Ferrari for Formula 1 but 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 tobacco companies to the world of motor sports is 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, however, is not won for the tobacco companies. On October 7, 2018, Mission Winnow made its first appearance on the international scene during the Japanese Grand Prix, but in March 2019, Mission Winnow disappeared from 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] Faced with this return, the World Health Organization urged States to fully apply the provisions prohibiting the promotion and sponsorship of tobacco and particularly pointed out automobile 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 subsequently revised the use of the mark, it remains active with respect to heated tobacco products. Authorities in Australia and the European Union (EU) have been investigating potential breaches of tobacco advertising regulations. In France in 2019, the CNCT, through legal action, succeeded in blocking the giant Philip Morris by banning the sponsorship of cars and motorcycles from the Ferrari and Ducati teams during the Le Mans Grand Prix by the tobacco company as well as any reference at Mission Winnow in terms of communication.[18]

[1] Reid, Caroline, 20 brands that define F1 », Raconteur, March 19, 2015, accessed 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 around the consumption of nicotine sachets », 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 the legislation on tobacco advertising, of the broadcast of images relating to motor sport competitions largely sponsored by tobacco product manufacturers, it was up to the television channels concerned to take all necessary precautions to respect and enforce applicable legislation; That (..) the casualness displayed by certain journalists did not result in corrective action; That even in the absence of any commercial link with the tobacco merchants, the knowing violation of a legal requirement is sufficient to characterize the intentional element of the offense against the companies which broadcast the Dakar rally » (CA Paris 13th Ch., 09/24/07, CNCT c/ France Télévisions, France 2 and France 3, overturning TGI Paris 31ème Ch., 03/30/06). Decision confirmed by the Court of Cassation: “Whereas the exception for the retransmission of motorsport competitions in article L 3511-5 of the CSP (now L3512-6) is limited to the possibility of broadcasting these competitions, to satisfy 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. 05/14/08).

[12] World Health Organization, WHO Framework Convention on Tobacco Control, 2003, accessed 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, accessed 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 the return of Philip Morris to the circuits », May 15, 2019, accessed March 24, 2021

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