Australia’s new tobacco advertising restrictions now threaten the future of historic racing cars that once featured liveries from brands like Marlboro and Benson & Hedges. The update to Motorsport Australia’s rules enforces the Public Health (Tobacco and Other Products) Act 2023, which bans tobacco branding on racing liveries—even on vintage cars that competed before the 1993 advertising restrictions came into force.
The law’s reach now extends beyond contemporary marketing. Previously, the law featured carve-outs for historic cars that competed with tobacco liveries before December 24, 1992. The 2023 Act changed this, meaning owners of carefully restored vehicles-including Ford Falcons and Holden Toranas-may need to modify their liveries or withdraw from competition.
This change followed Fox Sports Australia’s decision to skip broadcasting a historic Touring Car Masters race at Sydney Motorsport Park in August. The network cited legal risks and instead aired a replay of a Supercars event, accompanied by the message: “We are unable to bring you the Touring Car Masters race due to legal reasons.” The move prompted Motorsport Australia to adjust its regulations to comply with the new law, despite claiming it had only learned of the change last month.
Dean Bryant, Motorsport Australia’s competition manager, described the situation as a matter of legal responsibility. In a statement, he explained that broadcasters and event organizers were protecting themselves from potential lawsuits by trademark holders or government agencies.
The law’s effects go beyond visual changes. Cars such as the Ford Falcon XB GT, which raced with Marlboro liveries in the 1970s, are now ineligible for competition unless their branding is altered. Owners contend that these cars are not modern advertisements but tangible pieces of motorsport history. Brands like Craven Mild, which appeared on vintage liveries, were discontinued in the early 1980s, long before the current restrictions were introduced.
Historic racing holds deep cultural significance in Australia. The rivalry between Ford and Holden, exemplified by events like the Bathurst 1000, has defined the sport for generations. The ban risks severing the visual connection to that era, reducing restored cars to static displays rather than active participants in the sport’s legacy.
The 2023 Act features a prohibition on the display, publication, or promotion of any regulated tobacco product on any car’s livery.
