Tobacco firm's new challenge to display ban

Published on Tuesday 31 May 2011 15:05

ONE of the UK's biggest tobacco firms has launched an appeal against a ban on the display of cigarettes on shop and supermarket shelves.

The hearing at the Court of Session in Edinburgh has already led to a delay in bringing the ban into force.

Imperial Tobacco, manufacturer of leading brands of cigarette such as Lambert & Butler and Richmond, has argued the Scottish Parliament had no legal right to restrict the open sale of their product.

They insist that such regulations can only be decided by the Westminster parliament.

MSPs voted for the restrictions as part of the Tobacco and Primary Medical Services (Scotland) Act in January last year, hoping that an end to tempting displays would cut down smoking, especially among young people.

The new rules were supposed to take effect in major retailers, such as supermarkets, in October, with smaller shops being brought into line at a later date.

But the continuing legal action has put the plans on hold until the issue is resolved.

Imperial Tobacco previously went to the Court of Session in Edinburgh seeking a judicial review of the MSPs decision.

However, they lost when judge Lord Bracadale ruled that none of the tobacco giant's challenges was "well-founded."

Yesterday, Imperial Tobacco's lawyers were back in the Court of Session to ask Lord Hamilton, sitting with Lords Reed and Brodie, to overturn Lord Bracadale's decision.

Mike Jones, QC, continued to put their case that the Scottish Parliament was acting beyond its powers when it enacted the legislation.

Two weeks ago, Sinclair Collis, Britain's largest operator of cigarette vending machines and a subsidiary of Imperial Tobacco, failed in an attempt to overturn a ban on their use.

During the court actions, then Lord Advocate, Elish Angiolini QC, said that 80 per cent of smokers start in their teens and 15,000 young Scots start smoking every year.