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Imperial Tobacco lose legal challenge - Profits at expense of lives been used to challenge aims to reduce youth smoking

30 September 2010

ASH Scotland Chief Executive Sheila Duffy today said she was delighted at the decision from Lord Bracadale to throw out a legal challenge by Imperial Tobacco. Imperial were seeking a judicial review of the sections of the Tobacco and Primary Medical Services (Scotland) Act which related to a ban on the retail display of tobacco and a ban on cigarette vending machines, on grounds of the legislative competence of the Holyrood parliament. Commenting Ms Duffy said:

"I am delighted that Imperial Tobacco has had their legal challenge turned down. Whenever and wherever the tobacco industry is threatened, it always seek to dilute, derail or delay legislation in whatever way it can and it uses the vast profits it makes at the expense of people's lives to pursue its day in court.

"In April, Imperial Tobacco reported global sales of £13.4 billion and pre-tax profits of £974 million in the six months to 31 March. It is these huge profits - nearly a billion pounds being made in just six months - that are then being ploughed into challenging the aims of governments around the world to use legislation to reduce the major harm caused by smoking to their citizens' public health. In this case it is Scotland's aim to reduce the rates of children smoking.

"The Tobacco Act brings in a number of measures which aim to reduce the attractiveness and availability of cigarettes to under 18s. These measures were fully scrutinised and debated by the Scottish Parliament and MSPs heard evidence from the tobacco industry which vociferously lobbied against the bill. The bill won a huge majority in the Scottish Parliament and has since received Royal Assent. It is now time for us to work on introducing the measures in the Act and reducing youth smoking. At present a quarter of all adult deaths in Scotland are caused by smoking and it is this we must address."

Sheila Duffy is available for interview via ISDN.


ENDS

Notes for Editors 1. The judgement can be read here.
2. Action on Smoking & Health (Scotland) (ASH Scotland) is an independent Scottish charity working in partnership to protect people from the harm caused by tobacco. Registered Scottish charity number SC 010412.
3. The Scottish Parliament voted in favour of the Tobacco and Primary Medical Services (Scotland) Bill on Wednesday 27 January. There was strong cross party support for the bill, with the final vote standing at 108 for, 15 against.