Scottish health secretary Nicola Sturgeon has refuted claims that the Scottish Government's plans to introduce a minimum price for a unit of alcohol would contravene European legislation.

On 22 October, the European Court's Advocate General said that separate attempts by the French, Austrian and Irish governments to introduce a minimum price for tobacco violated European Rules and restricted competition. The Scotch Whisky Association (SWA) welcomed the decision, claiming that it cast renewed doubts on the legality of plans to impose a minimum price on alcohol in Scotland, which the Scottish Government believes is necessary to improve public health.

SWA chief executive Gavin Hewitt said: "This Opinion is a comprehensive rejection of minimum pricing by the European Court of Justice and cannot simply be ignored by the Scottish Government. Austria, Ireland and France have been told clearly today that minimum pricing is a breach of EU law. "The Scottish Government must recognise the legal situation and drop this proposal which would be hugely damaging to Scottish jobs."

However, Sturgeon said: "It is entirely inappropriate and irrelevant to translate an opinion on tobacco to the totally different issue of minimum pricing of alcoholic products per unit of alcohol for public health reasons. "In fact, the European Commission has already said that Community legislation does not prohibit minimum pricing for alcohol on public health grounds."