The High Court has yesterday rejected a challenge by Imperial Tobacco Group against banning tobacco sales from vending machines from October 2011. Imperial will appeal the judgment.

Sir Anthony May, president of the Queen's Bench Division of the High Court, rejected an application by Sinclair Collis Ltd, a wholly-owned subsidiary of Imperial Tobacco Ltd, seeking to overturn the proposed ban, due to be introduced on 1 October 2011.
Sinclair Collis challenged the legality of provisions of the Health Act 2009 and the Protection from Tobacco (Sales from Vending Machines) Regulations 2010, arguing both the act and the regulations contravened EU law.
The application was supported by members of the National Association of Cigarette Machine Operators (Nacmo), who argued that there was absolutely no need to impose the ban because it had designed and developed a fail-safe radio frequency system which "locked" machines and prevented minors from making a purchase.
But Sir Anthony May yesterday ruled the general interest in domestic and EU law in the protection of human health meant the ban was "neither manifestly unreasonable or inappropriate".
He said policies aimed at cutting tobacco consumption were justified by the need to cut the take-up of cigarette smoking by those under 18.
The judge said it was obvious that measures aimed at reducing smoking were likely to damage businesses or individuals who made money out of the manufacture or sale of cigarettes. He added it was a matter of “parliamentary judgment” that nothing short of a ban on tobacco vending would be enough to protect the young, and that it was not for the court to interfere.
Imperial said in a note posted on its website: "We retain the view that banning the sale of tobacco from vending machines is wholly disproportionate and unnecessary. We will therefore be seeking leave to appeal the judgment."
The proposed ban would adversely affect about 50,000 vending machines in the UK and some 550 people directly employed in the industry, with several hundred more employed by suppliers. Estimated turnover of the industry in 2004 was GBP 434 million (EUR 518 million), although there was clear evidence that it had declined significantly since then, said the judge. NACMO had estimated that the annual gross margin of the industry was approximately GBP 102 million. (pi)