The ban on cigarette vending machines is now expected to go ahead in October A legal challenge to a ban on tobacco vending machines in Scotland has been rejected by the Court of Session.
Sinclair Collis Ltd, a firm owned by Imperial Tobacco, had argued that the legislation, passed by MSPs but not yet in force, was against the European Convention on Human Rights.
Lord Doherty rejected that and said enforcing a ban was the competence of the Scottish Parliament.
Tobacco vending machines are now likely to be outlawed from October.
The Scottish Government welcomed the court’s decision and said the new law was a key part of a drive to improve health.
A spokeswoman added: “We robustly defended our proposals to ban cigarette vending machines and are pleased that the Court of Session has today ruled in our favour and that we were successful on the aspects of the case which were before the court.
“Each year in Scotland 15,000 children and young people start smoking and a child who starts smoking at 15 or younger is three times more likely to die of cancer as a result than someone who starts smoking in their mid-20s.
“Evidence shows that many young people obtain cigarettes from vending machines, which is why the Tobacco and Primary Medical Services (Scotland) Act 2010 introduced the ban on cigarette sales from vending machines.”
The Act is also being challenged by Imperial Tobacco over a ban on cigarette displays in shops.
The government announced in January that the display ban for “large retailers” was being delayed beyond October because of the ongoing legal dispute. Small retailers have until 2013.
MSPs backed the proposals in January last year, despite an attempt to block them by the Conservatives.
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