Philip Morris fashion promo breaches anti-tobacco laws Danielle Veldre
PHILIP Morris and an associated company Wavesnet have pleaded guilty to breaching anti-tobacco advertising laws over the sponsorship of a fashion parade by cigarette brand Alpine in 2000. Wavesnet was a company set up by Philip Morris’ former agency of record Mojo Partners.
Mojo has since resigned the Philip Morris business and Wavesnet has been closed.
Executive director of the Advertising Federation of Australia (AFA) Lesley Brydon said the court case had “raised the fact that we need more specific guidelines [on tobacco advertising]”.
She also said the AFA did not have strict rules on tobacco advertising and the AFA Code of Ethics—which states: “Don’t break the law. Don’t bend the law. Think beyond legal argument to moral argument—the spirit of the law. Don’t stretch the truth. Don’t look for loopholes”—was only a guideline and encouraged agencies to make individual choices about the accounts they accepted.
Director of Brown Melhuish Fishlock—which produces anti-smoking advertising for the Federal Government—Paul Fishlock was unequivocal about the ethics involved in accepting money from a tobacco client for its ad account, saying it was tantamount to an undertaking to flout the Federal legislation.
“It’s an ethical issue,” Fishlock said. “I’m all for finding new ways to advertise a product, but I don’t think the industry’s time should be spent doing that for tobacco companies.”
St James Ethics Centre executive director Dr Simon Longstaff said aside from ethical concerns about advertising tobacco products, action by an agency that could land it in legal trouble did not have the client’s best interests at heart.
The magistrate presiding over the case, John Andrews, will deliver his decision on the penalty on Friday, November 8.
Philip Morris has pleaded guilty to one count of breaching the legislation and Wavesnet has pleaded guilty to two. Each count carries a fine of $11,000.
