Thread: Team Ferrari: in F1
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Old 27 Nov 2017, 15:37 (Ref:3783513)   #30
Mike Harte
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Originally Posted by crmalcolm View Post
Yes - Monaco posters. An example of the kind of activity Philip Morris pursue outside of the EU.

Thanks for the link.
I think there are a couple of different views on what constitutes sponsorship. In the EC directive they also provide an extra clarification on what they define as sponsorship 'The ban covers advertising and sponsorship with the aim or [sic] direct or indirect effect of promoting a tobacco product'.

I would imagine the lawyers in the red corner, if challenged, would assert that their interpretation of what is defined as sponsoring is a provision of funds, with no tobacco promotion associated. On Ferrari's website it gives a factual account of Philip Morris, rather than showing their brand(s).

The EC directive, whilst using the word 'sponsorship' has the intention of reducing advertising, not funding. The letter vs spirit of the law debate here possibly?
I don't know if you are quoting from current EU directives, but the following, from a 2017 World Health Organisation directive, is far more explicit:

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What should be included in a comprehensive ban on TAPS (Tobacco advertising, promotion and sponsorship) ?

The WHO FCTC (Article 1) provides a very broad definition of TAPS.
Tobacco advertising and promotion means “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly”.

Tobacco sponsorship means “any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly”.
Therefore, it is important that enforceable measures be put into place to ban not only the traditional forms of direct advertising through media such as television, radio, print publications and billboards. There is also a need to ensure that indirect forms of TAPS, such as brand stretching, point of sale display of product and tobacco industry-sponsored CSR (corporate social responsibility) programmes, are also addressed. The WHO FCTC's Article 13 guidelines include an Annex with an indicative (non-exhaustive) list of forms of tobacco advertising, promotion and sponsorship within the terms of the WHO FCTC.
I cannot easily find how this impacts on EU directives, nor can I ascertain whether Monaco has signed up to TAPS.

Unfortunately, I cannot now find the part where this WHO directive includes sport teams and individuals, but it does exist. If I come across it again, I will post it.

Last edited by Mike Harte; 27 Nov 2017 at 15:43.
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