Court rules against tobacco company

Feb 2 2012

One of the world's largest tobacco firms has lost its latest legal challenge to plans for a ban on the open display of cigarettes in shops.

Imperial Tobacco's appeal was unanimously dismissed by three senior judges at the Court of Session in Edinburgh.

The company's civil action, which also opposed a ban on tobacco vending machines, delayed the implementation of the Scottish Government's measures which are aimed at stopping young people from taking up smoking.

No date has yet been set for the bans to be brought in and Imperial Tobacco has not ruled out a further appeal against the ruling.

The court's latest decision was welcomed by Scotland's Public Health Minister Michael Matheson, who said the proposals would play a "crucial role" in preventing youngsters from starting to smoke.

The Scottish Parliament backed the measures in the Tobacco and Primary Medical Services (Scotland) Act in January 2010, which was granted Royal Assent two months later. Bristol-based Imperial went to court to try to overturn the plans, claiming they fell outside the legislative scope of Holyrood.

A judge rejected the the firm's arguments in September 2010, saying none of the challenges were "well founded". Imperial, the firm behind the Lambert & Butler and Richmond cigarette brands, appealed against that decision but its case was once again rejected on Thursday.

The ruling was given by Scotland's top judge, the Lord President Lord Hamilton, sitting with Lords Reed and Brodie.

Lord Hamilton said of the display ban: "Such display is conceived to encourage the purchase of such products. As the consumption, particularly by smoking, of such products is believed to be adverse to health, section one is designed to inhibit, without prohibiting, their purchase."

A Scottish Government spokesman said they were not yet in a position to name a date for the bans to be brought in. A separate legal challenge to the ban on cigarette vending machines, raised by another firm, is still before the courts.