A judicial review of a ban on the display of tobacco products in shops in England is unlikely to overturn the legislation completely, industry experts have warned.

At the start of this month, Imperial Tobacco, Japan Tobacco International and BAT all announced their intention to launch a legal challenge to the ban in England, claiming that the terms of the legislation were unreasonable and disproportionate. The action is backed by the Conservative Party.

This magazine reported in December that compliance with a similar ban on the display of tobacco products in shops – planned for introduction across Northern Ireland this year – could cost retailers anything from £5000 to £15,000. So retailers here will be watching events on the mainland with interest.

However, Grocer magazine recently quoted an unnamed ‘industry expert’ who says that the legal bid’s chances of overturning the ban completely are “zero”; their chances of getting a judge to hear the review are “around 50 per cent”, he adds, and their chances of a positive outcome are “only 50/50”.

The event most likely to impact on the future course of the ban, added the expert, was the change in government at Westminster.

The Association of Convenience Stores has warned that the prolonged uncertainty surrounding the ban is making it difficult for English retailers to prepare for the ban.

Here in Northern Ireland, where the Department of Health, Social Services and Public Safety is pushing for an implementation date later this year, the Northern Ireland Independent Retail Trade Association has warned of the cost of compliance, particularly for smaller retailers, and has called on the Assembly to stall the ban at least until 2013 in line with the legislation in England.

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