Imperial Tobacco Ltd., Re Judicial Review

Imperial Tobacco challenged a tobacco control law that - among other things - prohibited the display of tobacco products at point of sale and the use of vending machines to sell tobacco products. Imperial Tobacco alleged that this law was "outside the competence of the legislature" and therefore challenged the law as being invalid. In support of this allegation, Imperial Tobacco further argued that this law constituted an undue interference with trade. The Court rejected these arguments and found that the law was valid in light of the state's compelling interest to protect the public health. Further, the Court found that these regulations did not interfere with trade as they did not prevent a sale from being made nor did they affect the terms of the sale between the business selling tobacco and the consumer. Imperial Tobacco's petition was therefore dismissed.


Imperial Tobacco Ltd, Re Judicial Review, 2010 SLT 1203, Court of Session (2010).

  • United Kingdom
  • Sep 30, 2010
  • Outer House, Court of Session


Plaintiff Imperial Tobacco Ltd.

Defendant The Scottish parliament

Legislation Cited

The Tobacco & Primary Medical Services (Scotland) Act 2010

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product