Scottish Whisky Association to take legal action over minimum pricing

The Scotch Whisky Association is to take legal action against the Scottish Government’s minimum unit pricing legislation.

The SWA will file a petition for judicial review with the Scottish Court of Session in Edinburgh and also file a complaint to the European Commission.

The Association said the judicial review of the legislation would be on the grounds that the law on minimum pricing was in breach of the UK's EU Treaty obligations and contrary to the terms of the Scotland Act 1998.

It will be joined in the legal action by the European Spirits Organisation (CEPS) and Comité Vins (CEEV), the European wine body.

In its complaint to Brussels, the SWA will argue that minimum unit pricing breaches EU trade rules, as it would artificially distort trade in the alcoholic drinks market.

Describing the Scottish Government’s approach as “misguided”, the SWA also claimed that minimum unit pricing would be ineffective in tackling alcohol misuse, penalise responsible drinkers and damage the whisky industry.

The Scottish Government has unveiled plans to set the minimum unit pricing at 50 pence.

Gavin Hewitt, chief executive of the Scotch Whisky Association, said: "We agree that Scotland must address the harmful use of alcohol, but policy needs to be targeted on the problem. Some 30% of those who drink, consume 80% of the alcohol sold.

“Despite warnings that minimum pricing of alcohol would be illegal, the Scottish Government has pressed ahead with its ill-targeted policy and misguided legislation. The Scotch Whisky industry is left with no option but to oppose the legislation in Europe and through the Scottish Courts.”