While motor racing enthusiasts' have always accepted that the barcodes, which appear on the sides of Scuderia's F1 cars as well as on the drivers' overalls and team equipment were simply an extension of the Marlboro logos as they were introduced once EU laws banned the cigarette manufacturer's name and logos from directly appearing on the cars. The issue hasn't been raised though until this week, in particularly through a story that ran in The Times. According to the British daily newspaper yesterday Professor John Britton, a fellow of the Royal College of Physicians and director of its Centre for Tobacco Control Studies, has written to the UK government asking it to open an inquiry into whether the barcodes represent a breach of the EU's anti-smoking laws as well as writing to the BBC, which broadcasts F1 in the UK, saying: "I write to ask you whether in your view, broadcasting coverage of the Ferrari car and related branding in the forthcoming Spanish Grand Prix is in full compliance with both UK law, and the BBC charter?"

In yesterday's edition, The Times reported a spokesman for the European Public Health Commissioner believes that the barcode did in fact constitute "potential subliminal marketing". The spokesman commented that while he did not think that it constituted a breach of EU law, he urged the British and Spanish governments to see if it contravened their own domestic legislation. The spokesman said, according to The Times: "It needs to be checked against the law of the Member State in question [Spain and the UK], which could have more stringent rules than the EU legislation requires."

The Times also quoted Don Elgie, the CEO of Creston - a media group which owns the advertising agency DLKW - who told The Times in yesterday's edition that he thought the barcode constituted subliminal advertising, saying: "I think it’s a no brainer. Marlboro may be working within the letter of the law, but not the spirit. Why else would you put a barcode there? It is there to make you think of Marlboro cigarettes. If I was the account director for Marlboro, I would try and do that." Ferrari has a contract with cigarette manufacturer Marlboro until the 2011 season and the F1 team is officially called "Scuderia Ferrari Marlboro".

Today Ferrari hit back at the critics with a lengthy statement in which the Maranello-based team argued that the disputed barcode is actually an integral part of the livery of Scuderia Ferrari, and not actually designed to resemble the lower half of a cigarette packet as has been said in the media this week. "Today and in recent weeks, articles have been published relating to the partnership contract between Scuderia Ferrari and Philip Morris International, questioning its legality," read the statement issued by Ferrari today. "These reports are based on two suppositions: that part of the graphics featured on the Formula 1 cars are reminiscent of the Marlboro logo and even that the red colour which is a traditional feature of our cars is a form of tobacco publicity. Neither of these arguments have any scientific basis, as they rely on some alleged studies which have never been published in academic journals. But more importantly, they do not correspond to the truth. The so called barcode is an integral part of the livery of the car and of all images coordinated by the Scuderia, as can be seen from the fact it is modified every year and, occasionally even during the season. Furthermore, if it was a case of advertising branding, Philip Morris would have to own a legal copyright on it.