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.  In this appellate decision, the court looked to the treaties in addition to European Court of Justice and UK case law to test the proportionality of the Scottish law.  Agreeing with the lower court’s finding that the law was necessary and appropriate to the goal of protecting the health and safety of young people, the court upheld the ban on vending machines for tobacco products.

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Sinclair Collis LTD v. The Lord Advocate [2012] CSIH 80 P576/10

  • United Kingdom
  • Oct 10, 2012
  • Extra Division, Inner House, Court of Session
View Case History

Parties

Plaintiff Sinclair Collis LTD

Defendant The Lord Advocate of Scotland

Legislation Cited

Tobacco and Medical Services (Scotland) Act 2010

International/Regional Instruments Cited

Treaty on the Functioning of the European Union (TFEU)
Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), Protocol No. 1

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

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 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.
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.
Reactionary Regulation
Regulatory measures consisting of political actions designed to punish the tobacco industry or tobacco users. The industry may argue such arbitrary and capricious regulations will fail to achieve the stated objective. They may also argue that the measures are too extreme, prohibitively expensive, and violate the principle of proportionality.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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