Tobacco display ban faces challenge

A legal challenge to the Government's plan to ban cigarettes and other tobacco products from being openly displayed in shops is to take place in the autumn.
Applications for judicial review by an alliance of big tobacco groups and corner shop traders were due to be heard next month.

But on Tuesday a High Court judge sitting in London agreed to adjourn the five-day hearing until the second half of October because of current uncertainties.
Lord Pannick QC, appearing for the tobacco alliance, said new regulations were due to be enacted by Health Secretary Andrew Lansley affecting the ban, which is aimed in particular at reducing youth smoking levels.

The QC argued the adjournment was necessary so that the legal challenge, which he said was of considerable general public importance, could take account of revised regulations, and not out-dated draft versions.
Mr Justice Ouseley ordered the adjournment after being assured by Lord Pannick the issues in the case would be "sufficiently concrete" by the second half of October for the hearing to go ahead.
The prohibition on behind-the-counter cigarette displays is being attacked as an "unjustified and disproportionate" violation of article 10 of the European Convention on Human Rights, which protects the right to freedom of expression, and in breach of EU trading laws.

The tobacco alliance is accusing the Health Secretary of substantially underestimating the impact and costs of the ban, which is due to take effect in large shops from April 2012 and for all other shops from April 2015.
In a ministerial statement last week, Mr Lansley announced regulations governing the proposed ban were being amended to make it "more practical" for shopkeepers to put it into effect and to ease "burdens on business".

Opponents argue the new law will trigger a surge in illicit sales and organised crime, as well as pushing many legitimate small traders out of business, and say there is no credible evidence to suggest that restricting tobacco displays will reduce youth smoking levels.