Imperial Tobacco Ltd. v. The Lord Advocate, The Scottish Ministers
Imperial Tobacco appealed the 2010 decision of a lower court upholding a tobacco point of sale display and vending machine ban. When Imperial Tobacco filed the appeal, the appellate court granted a temporary injunction against the implementation of the law. Imperial Tobacco once again argued that this law was "beyond the competence of the legislature" and therefore sought a permanent injunction against its implementation. Imperial Tobacco argued that the law would restrict freedom of trade and additionally that the Scottish parliament does not have authority to regulate these sales, because it is preempted by national law. Specifically, the company argued that the country's parliament cannot regulate trans-border trade conducted throughout the United Kingdom.
The Court rejected those arguments, finding that the purpose of the law - to protect Scotland's public health via a reduction in smoking and especially youth smoking - was a valid exercise of the Scottish Parliament's authority. Additionally, the Court found that there was no conflict with national law, because these regulations did not clash with or exceed the authority of national tobacco control legislation in the United Kingdom. Therefore, Imperial Tobacco's appeal was dismissed.
Imperial Tobacco Limited v. The Lord Advocate, as Represending the Scottish Ministers, [2012] CSIH 9.
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.
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)
The subject matter of the case should be dealt with at a state level or national level.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Put shortly, it prohibits persons from having cigarette machines available for use on their premises. Its legal effect is to make it a criminal offence to have such machines available for use. Its short-term practical effect will be to prevent, or at least discourage, that method of selling cigarettes. The extrinsic material indicates that the purpose was to make cigarettes less readily available, particularly (but not only) to children and young people, with a view to reducing smoking. Its legal effect and its short-term practical consequences are consistent with that purpose. It is unnecessary to consider whether, in the long term, the provision will achieve its object."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Imperial Tobacco appealed the 2010 decision of a lower court upholding a tobacco point of sale display and vending machine ban. When Imperial Tobacco filed the appeal, the appellate court granted a temporary injunction against the implementation of the law. Imperial Tobacco once again argued that this law was "beyond the competence of the legislature" and therefore sought a permanent injunction against its implementation. Imperial Tobacco argued that the law would restrict freedom of trade and additionally that the Scottish parliament does not have authority to regulate these sales, because it is preempted by national law. Specifically, the company argued that the country's parliament cannot regulate trans-border trade conducted throughout the United Kingdom.
The Court rejected those arguments, finding that the purpose of the law - to protect Scotland's public health via a reduction in smoking and especially youth smoking - was a valid exercise of the Scottish Parliament's authority. Additionally, the Court found that there was no conflict with national law, because these regulations did not clash with or exceed the authority of national tobacco control legislation in the United Kingdom. Therefore, Imperial Tobacco's appeal was dismissed.