Vending ban challenge rejected

A legal challenge by the tobacco industry to a ban on cigarette sales from vending machines in Scotland has been rejected by senior judges, according to a story in the Daily Record and Sunday Mail.

The ban is one of several measures being introduced under the Tobacco and Primary Medical Services (Scotland) Act 2010.

Due to be implemented in October last year, the legislation was delayed after Sinclair Collis, the largest cigarette vending operator in theUK, challenged the ban in the Court of Session.

The company, owned by Imperial Tobacco, had argued the law was against the European Convention on Human Rights.

The firm lost the challenge and launched an appeal against the ruling.

However, Lord Carloway, sitting with Lords Bonomy and Osborne, today agreed with Lord Doherty’s earlier decision made in May 2011.

“The prohibition cannot be said to have failed to strike a balance between the public interest in maintaining good public health and the petitioners’ private economic interest in its use of vending machines,” concluded Carloway in rejecting the appeal.