I just got this Email from Biante about the Tabacco Advertising on some of their models,and the governments attitude to it.
Tobacco logos on models.
In one last attempt to get some sort of intelligent ruling on this matter, we have had made a batch of 1:18th HDT A9X hatchbacks fully decorated with all logos including Marlboro and sent them with a covering letter to the Federal Minister for Health and all State Health Ministers for comment.
Whilst I must state right now, that neither myself or anyone at Biante condones advertising of or promoting the sale of tobacco products, we do think that this limitation that the Health Departments infer is not allowed, is both an act of tampering with an historical fact and stretching the meaning of 'Tobacco Advertising' far beyond what is intended by the act.
We believe you should be able to have a 100% accurate model of an event from the past and that is why we have persisted with this over the last 4 years or so.
This era actually happened and this is how these race cars were raced and photographed and filmance to determine the legality of what we are asking!!
Tas--Nothing
SA-- Nothing
NT-- Nothing
Federal--Nothing
As you can see from the copied letter below, I have conceded that we will even place the logos into the packaging seperately for the collector to either attach or discard as they see fit. I am afraid that there is no more we can do to end this ridiculous situation. At this stage, we will make the models, but without the appropriate logos.
If you would like to voice your opinion to your local member, then I suggest you do so in a polite manner. Being impolite and abusive will get nobody anywhere so please show respect if you contact your member. All local members can be reached by the e-mail addresses as shown at the bottom of this letter.
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22nd April 2003
Dear Minister,
I write to you as a manufacturer of diecast collectable model cars.
Our company, Biante Pty Ltd, trading as Biante Model Cars, manufactures and markets around 4000 different models of model cars to specialist shops in Australia and New Zealand. We also have an extremely large internet site,
www.biante.com.au which has a Collector Club with in excess of 35,000 members.
The reason for my letter, is to clarify the situation as to Tobacco branding on what are replicas of historic Australian racing cars.
My company has the exclusive rights to such drivers as Brock, Moffat, Grice, Goss, Johnson, etc., who over the period of the 60’s, 70’s and 80’s, drove and raced vehicles with various tobacco company logos displayed. As we are also distributors for many other International companies in this field, we constantly have the situation arise where some of their models of classic cars, also display tobacco logos.
I have, in the past, attempted to discuss and get some sort of ruling on this matter from various Health Departments, but have had no satisfactory resolution as to wether it is allowable, or it is not allowable.
However, in light of the fact that many companies do import and sell models with these logos, I feel it is time to get some clarification.
My reasoning is that these Collectables are in fact glimpses of history and are faithfully reproduced by my company as such. I see no difference to a magazine, or book or a video tape of these historic events which are readily for sale to anyone, portraying the same moment of history, with the vehicles in their "as raced" livery for all to see.
Whilst I must point out quite clearly I am a person who does not wish in any way to promote cigarette smoking to anyone, I consider that our replicas which are marketed solely by specialist Model stores, should not be considered as toys for the masses.
Were my products $1.50 toys for children, sold through Toys ’R’ Us, Kmart or the likes, I would be fully in agreement that it was socially unacceptable and unethical.
I have enclosed for your perusal, a 1978 Holden Dealer Team Torana model of a ‘Bathurst 1000’ car. As you can see it was sponsored by Phillip Morris, amongst others.
I feel that to exclude the "Marlboro" logo from this model, would be tampering with an historic representation of how this vehicle existed in 1978.
Whilst I agree that it could possibly offend some sections of the community to be displayed "as is", I also strongly feel that a responsible collector (which they must be to invest $168.00) is entitled to have a model that depicts that moment in history this vehicle has become famous for.
If it is your considered opinion that these models cannot be manufactured in a true, full representation as they existed in their day, then may I suggest, as a concession, my company would be prepared to manufacture the model without the ‘offending’ logos and have them packaged separately, so that they may be applied by the owner of the model at his or her discretion.
Any alternate suggestions that your Department may have are more than welcome so that we may be able to reproduce these historic cars that shaped not only the Australian motor racing scene, but in fact the whole motor industry in Australia.
I would appreciate the return of the sample model when you have given it due consideration and the shipping documentation for its return is enclosed.
I thank you for your time and indulgence and look forward to your early response.
Yours faithfully,
SIGNED
Trevor Young
Director
Hon. Kay Patterson -
senator.kcpatterson@aph.gov.au
Hon. David Llewellyn -
david.llewellyn@dhhs.tas.gov.au
Hon. Robert Kucera -
bob-kucera@dpc.wa.gov.au
Hon. Lea Stevens -
minister.health@dhs.sa.gov.au
Hon. Wendy Edmond -
health@ministerial.qld.gov.au
Hon. Jane Lesley Aagaard -
jane.aagaard@nt.gov.au
Hon. Morris Iemma -
lakemba@parliament.nsw.gov.au
Hon. Bronwyn Pike -
Bronwyn.pike@parliament.vic.gov
Thanks for reading and happy collecting.
The team from Biante.
www.biante.com.au
Now in my oppinion what is the hassle of reproducing history?
I doubt many kids these days even know who Allan Moffat or Peter Brock are so it's not like they will be influenced by the use of tobacco advertising of their cars. 
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