No smoke without ire as tobacco packaging dispute goes to appeal at Supreme Court

Imperial Tobacco failed in its first challenge to proposals in the courts in Scotland in September 2010, then lost its appeal last month.

The company had until the end of this month to lodge a final challenge via an appeal to the UK Supreme Court, and last week said it would exercise this option. The case is due to be heard in November.

Financial penalties, combined with restrictions on how tobacco products can be sold in shops, are expected to be rolled out by 2015. It will be illegal to display cigarettes and tobacco products, requiring them to be kept in storage units. The limit on what area of these units can be opened at any one time equates to the size of eight to 12 cigarette packets. Retailers face fixed-penalty fines of £200 if they breach these rules, rising by £200 for every further breach.

Australia has taken a tough approach, requiring cigarette packaging to be transferred to plain olive green packets, with uniform small-font labelling to distinguish brands – as opposed to the individual colour scheme and brand images which are the norm. However, the Australian government faces a legal challenge from the three tobacco manufacturers with the greatest share of the market in the region, with the case to be heard next month.

Australian laws on tobacco are already regarded as some of the strictest in the world, with retailers already required to operate a display ban, with cigarettes stored in locked cabinets.

UK retailers are unhappy with any such plans. Richard Dodd, of the British Retail Consortium, said: “We don’t think there is anything to be gained in forcing retailers into large refits of stores. If you’re required to keep your tobacco products locked up most of the time, this is going to make it really difficult to serve customers, causing delays. There is no evidence this will reduce the number of people smoking. People don’t change their views about smoking by simply seeing them behind the counter.”

The minimum legal age for buying tobacco was raised in 2007 from 16 to 18. The latest proposals were overseen by Shona Robison and her successor as Minister for Public Health, Michael Matheson, who insisted this is the right way to go.

He said: “Banning the display of tobacco in shops is one of several bold and decisive measures being taken in Scotland to protect children and young people from the promotion of tobacco. Combined with the range of other measures set out in the Tobacco and Primary Medical Services (Scotland) Act 2010, this will make cigarettes less attractive and accessible to young people.”

Plain packaging for cigarettes is being considered by the UK government as part of a consultation on tobacco in England and Wales. Any decision to introduce plain packaging in Scotland remains a reserved matter.

Director of policy and communications at ASH Scotland, John Watson said it is time for action on packaging: “As forms of tobacco marketing have been shut down the tobacco industry has focused its vast resources on the few that remain. Packaging, tobacco’s ‘silent salesman’, has grown more elaborate as other forms of advertising have been restricted. We’d like this form of promotion stopped through the introduction of plain packs.”

Of plain packaging, a Scottish Government spokesperson said: “We are committed to doing all we can to improve the nation’s health and banning the display of tobacco products in shops will help to discourage a future generation of smokers. We will follow the outcome of the proposed UK-wide consultation on plain packaging with interest before establishing if action needs to be taken in Scotland.”