Posted on 10/28/2002 10:35:05 AM PST by Tumbleweed_Connection
Images of ice princesses, melting snow and crystalline alps filled the Downing Centre Local Court yesterday.
The chill factor was conjured up by a barrister describing an icicle-themed dance party held at Fox Studios almost two years ago.
Appearing for the South Eastern Sydney Area Health Service, Peter Johnson, SC, told the court that elements of the party represented "a living advertisement" for Alpine cigarettes, a menthol brand appealing to young women, and marketed by Philip Morris Ltd.
At the party, held in December 2000, two models wearing shiny white wigs, glittering white dresses, and jewellery shaped to imitate crystals, stood in two-metre high ice crystal-like kiosks. They sold Alpine cigarettes and a green ice drink. The party featured the NSW finals of a nationwide competition, "Fashions' Future Designers." After the parade, the compere thanked the sponsors, including Philip Morris.
The party's decor featured the green and white of Alpine packaging, and during the evening, a video was played which showed Alpine packs.
Yesterday, the court was shown two videos of the party, one taken by an employee of the health service, which later brought charges against Wavesnet Pty Ltd - organiser of the party - and its client, Philip Morris.
Late last month, Philip Morris pleaded guilty to one count of breaching the NSW Public Health Act by the "display [of] a tobacco advertisement in a public place".
In court yesterday, Philip Morris's counsel, Brind Woinarski QC, apologised on his client's behalf, saying that this was the first time the company had been convicted of an offence in almost 50 years of operation in Australia.
Wavesnet has also pleaded guilty to two counts of the same offence. Now known as Publicis Zip, Wavesnet is part of the Mojo Partners advertising agency group.
Wavesnet's counsel, Peter Bellew, said in court yesterday that Mojo Partners no longer acted for Philip Morris or any other cigarette manufacturer.
He said the Wavesnet website, which promoted dance parties and a range of fashion accessories for young women, had been shut down.
According to a statement of facts handed to magistrate John Andrews, Wavesnet.net, Wavesnet and Waves were, at the relevant time, registered trademarks owned by Philip Morris.
The maximum fine for each offence is $11,000 but costs to date exceed $100,000.
Mr Andrews will give his judgement on the fines and costs on November 8.
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