Bristol-based Imperial Tobacco has lost its Supreme Court challenge against plans to ban open displays of cigarettes in Scotland.
Lawyers representing Imperial had asked a panel of five Supreme Court justices to analyse the issues after twice failing t
o persuade Scottish judges to set aside legislative provisions.
Ministers say display bans are needed to protect future generations from the “devastating effects” of smoking. But Imperial, whose brands include Lambert & Butler and Richmond, argued that there is no credible evidence that display bans have cut tobacco consumption. Imperial also opposed a ban on tobacco vending machines.
It argued that the legislative provisions dealing with display bans fall outside the scope of the Scottish Government and are matters reserved for the UK Parliament in London.
The justices unanimously dismissed Imperial's appeal, ruling that the two sections "are within the legislative competence of the Scottish Parliament".
Announcing the decision of the court, Lord Hope said: "The purpose of section 1 is to enable the Scottish ministers to take steps which might render tobacco products less visible to potential consumers and thereby achieve a reduction in sales and thus in smoking.
"The purpose of section 9 is to make cigarettes less readily available, particularly (but not only) to children and young people, with a view to reducing smoking. The legal effect and short-term consequences are consistent with those purposes."
