Scottish Tobacco Display Ban Delayed by Legal Appeal

The ban was supposed to start for big retailers in October.

January 26, 2011

EDINBURGH, Scotland - A Scottish tobacco display ban has been stopped because of a legal appeal, BBC News reports. The ban was scheduled to start for larger merchants in October 2011.

However, Imperial Tobacco filed an appeal against a ruling that dismissed its original lawsuit last year, which means the ban cannot be implemented until the appeal is resolved. The Tobacco and Primary Medical Services Act prohibits retailers from displaying cigarettes and other tobacco products, and also contains a provision that restricts cigarette vending machines.

The tobacco industry and retailers sharply criticized the legislation, which had the support of smoking-cessation advocates. The measure also included a registration regulation for tobacco retailers.

Imperial Tobacco challenged the ban on the grounds that it was outside the scope of the Scottish Parliament. The Court of Session dismissed the challenge, which is now under appeal.

The tobacco company said the ban is an "unreasonable and disproportionate approach to regulating tobacco," adding that there is "no credible evidence" that supports tobacco display bans will curb youth smoking.

"We remain fully committed to this policy and are continuing to work with the retail industry to prepare for implementation," said Public Health minister Shona Robison. The legislation gave smaller merchants until 2013 to comply with the ban.

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