The new JPS Special-themed livery to be used by the Lotus Renault team in 2011 may leave them in breach of Canadian anti-tobacco laws for this season's GP in Montreal, according to reports from Canada on Tuesday.
According to a report by the Toronto Globe and Mail newspaper, although the new livery does not explicitly carry tobacco advertising, the fact that it is designed to evoke the John Player Special livery might be construed as a "brand element" of a tobacco company.
The Canadian Tobacco Act states that: "No person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element."
And although no specific comment was offered to the Lotus design, a spokesperson for Health Canada told the newspaper that there would need to be a review of any such livery.
"Tobacco inspectors would need to fully review to assess whether a violation of the Tobacco Act has occurred," the spokesperson muttered.
They added that: "The Tobacco Act prohibits the promotion of tobacco products or tobacco product-related brand elements in Canada, except as authorized by the Act or regulations.
"Tobacco product sponsorship is prohibited entirely and tobacco advertising is severely restricted."
A spokesman for Imperial Tobacco, who own the JPS brand name, added that he would be concerned by the possible implications of the law on the Lotus livery.
"It is categorically against the law to present any likeness to a cigarette pack," he mused, "If I were Lotus though, I would be concerned - I wonder if they are aware of the law in Canada."
Lotus CEO Dany Bahar, though, has always denied that the livery would cause an issue.
"I don't think we are using the kind of logos that the John Player Special cars used," he shrugged to Autosport last month when asked about the potential issues with the livery.
"I simply believe, and again this is my personal opinion, I believe this is one of the two most beautiful liveries in Formula 1. This is why we will use it, and nothing else."
He concluded that: "I do not believe we will have any negative implications with potential tobacco advertising."
The issues for Lotus follow accusations against Ferrari in 2010 that their ongoing Marlboro 'barcode' logos were a form of subliminal advertising. Though the team claimed this was not the case, the barcode design was quietly dropped midway through the season.
Meanwhile, the legal scrap over the pair of Lotus teams on the grid could well be decided before the start of the season, despite initial reports claiming the case would not be heard at a London court until mid summer.
The Group Lotus company has now sought a summary judgment on the overall issues of the case on January 24th in London.
This judgment will preside over the overall issue as to whether Tony Fernandes' team is allowed to use the Lotus name in F1 next year after terminating their deal with the car maker last year.
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