The Queen on the Application of Sinclair Collis Ltd v. Secretary of State for Health et al.

The Court of Appeal rejected an argument that a ban on cigarette vending machines would not result in a reduction in smoking rates. The vending machine operators had argued that a law banning cigarette vending machines contravened provisions of the Treaty on the Functioning of the European Union regarding restrictions on imports. In the alternative, they argued for a less restrictive measure of fitting machines with age restriction mechanisms because there was no evidence of a causal link between a complete ban and decreased smoking. In rejecting the argument that there was a lack of evidence, the Court noted the provision in the FCTC Article 13 Guidelines that states "vending machines should be banned because they constitute by their very presence a means of advertising or promotion under the terms of the Convention."

DOWNLOAD DOCUMENT

Regina (Sinclair Collis Ltd) v Secretary of State for Health [2011] EWCA Civ 437 (17 June 2011).

  • United Kingdom
  • Jun 17, 2011
  • High Court of Justice Court of Appeal (Civil Division)

Parties

Plaintiff THE QUEEN ON THE APPLICATION OF SINCLAIR COLLIS LIMITED

Defendant THE SECRETARY OF STATE FOR HEALTH

Third Party

  • THE MEMBERS OF THE NATIONAL ASSOCIATION OF CIGARETTE MACHINE OPERATORS

Legislation Cited

Health Act 2009

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

None