Tobacco display ban halted by legal challenge

A ban on the display of tobacco products in Scottish shops has been delayed as a result of a legal challenge from Imperial Tobacco, it was revealed today.

The measure was due to be introduced in larger retailers on October 1 after being approved by MSPs in January last year, but that date will now been pushed back.

The Bristol-based company is contesting a decision last year which dismissed their appeal claiming the move was outwith the legislative scope of Holyrood.

The Bill aims to ban shops from displaying cigarettes and other tobacco products, restrict cigarette vending machines, and introduce a registration system for tobacco retailers.

Public health minister Shona Robison promised the Scottish government was determined to implement the change. She said: "We remain fully committed to this policy and are continuing to work with the retail industry to prepare for implementation.

"However, the ongoing legal challenge means that an October start date is now unrealistic. We will announce the new implementation date as soon as possible.

"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."

The timing of the vending machine ban is not affected by the challenge and is due to go ahead in October, the Scottish government said.

Judge Lord Bracadale dismissed Imperial's argument in September, saying none of the challenges Imperial Tobacco made were "well founded".

The appeal is expected to be heard later this year.

Sheila Duffy, chief executive of anti-smoking group Ash Scotland, said: "It is disappointing that a tobacco display ban for large retailers will not be able to be introduced this year due to continuing tobacco industry legal challenges, but sadly not in any way surprising."