TOBACCO CONTROL LAWS

Sinclair Collis Ltd. v. Lord Advocate for Scotland

A tobacco vending machine company challenged the legality of a section of a tobacco control law prohibiting tobacco vending machines. The petitioner argued that the law violates the right to free movement of goods between EU member states and infringes their right to property. The court upheld the law, concluding that the law is valid because of its legitimate public interest in preventing young people from having access to cigarettes from vending machines.

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Sinclair Collis Limited v. Lord Advocate for Scotland, et al., [2011] CSOH 80, Outer House, Court of Session (2011).

  • United Kingdom
  • May 13, 2011
  • Outer House, Court of Session
View Case History

Parties

Plaintiff Sinclair Collis Limited, a wholly owned subsidiary of Imperial Tobacco Limited

Defendant

  • Advocate General for Scotland
  • Lord Advocate for Scotland, on behalf of the Scottish Ministers

Legislation Cited

Tobacco and Primary Health Services (Scotland) Act 2010

International/Regional Instruments Cited

Treaty on the Functioning of the European Union (TFEU)
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right of Freedom of Movement and Residence
A violation of freedom of the right to travel, reside in, and/or work in any part of the state where one pleases within the limits of respect for the liberty and rights of others. Smokers may claim that smoke free laws violate this right.
Right to Political Participation
This is the right to participate in the political system.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.

Type of Tobacco Product

None

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