Sinclair Collis loses vending machine challenge

13 May 2011

Lord Doherty today issued his decision regarding the Sinclair Collis challenge to Scotland's legislation to end the sale of tobacco from self service vending machines, and found against the petitioners and in favour of the Lord Advocate. Sinclair Collis is owned by Imperial Tobacco, which is currently challenging the legislation to end retail cigarette displays.

Commenting, Sheila Duffy Chief Executive of anti tobacco charity ASH Scotland said:

'I welcome the judgement and I'm delighted that this important public health measure has been upheld, and the right of the Scottish Parliament to enact it affirmed.

'Tobacco is a uniquely dangerous and addictive consumer product which is lethal to half its long term consumers when used as the manufacturers intend. It doesn't make sense to sell it through self service vending machines which are often poorly supervised and can be accessed by children.

'Big tobacco is well known for using legal challenges to seek to delay effective public health legislation, both in Scotland and internationally. Unfortunately these cynical delaying tactics cost lives. I look forward to the end of tobacco sales through vending machines, an important measure to protect children from tobacco.'

ENDS

Sheila Duffy is available for interview on ISDN today until 1600hrs.
For more information please contact ASH Scotland on 0131 220 9461 before 1600hrs or 07773 351878 after 1600hrs.

Notes for editors

Lord Doherty's decision is available in full at:
http://www.scotcourts.gov.uk/opinions/2011CSOH80.html

Most recent SALSUS figures (2008, published 2009) show that 10% of regular 15 year old smokers and 13% of regular 13 year old smokers in Scotland say they get their cigarettes from vending machines.