NICOLA Sturgeon said she will continue to “vigorously” pursue minimum pricing to reduce alcohol related deaths and ill health, despite legal opinion it could flout EU law.

The First Minister said the opinion by the European Union Court of Justice Advocate General that it could fall foul of free movement of goods laws did not rule the measure out. Instead she said it sets a test the policy must meet.

The Advocate General, Yves Bot, as reported in later editions of the Evening Times yesterday said minimum pricing would only be legal if it could be shown that no other mechanism was capable of achieving the desired result of protecting public health.

He said: “A Member State can choose rules imposing a minimum retail price of alcoholic beverages, which restricts trade within the European Union and distorts competition, rather than increased taxation of those products, only on condition that it shows that the measure chosen presents additional advantages or fewer disadvantages by comparison with the alternative measure.”

He added “it may even be perceived as being discriminatory”.

Ms Sturgeon however said she welcomed the opinion which she said confirms the policy is not precluded by EU law.

She said: “Importantly, this initial opinion indicates it will be for the domestic courts to take a final decision on minimum unit pricing. The Advocate General finds that the policy can be implemented if it is shown to be the most effective public health measure available.

“The Scottish Government remains certain that minimum unit pricing is the right measure for Scotland to reduce the harm that cheap, high-strength alcohol causes our communities. In recent weeks statistics have shown that alcohol related deaths are rising again and that consumption may be rising again after a period of decline. We believe minimum unit pricing would save hundreds of lives in coming years and we will continue to vigorously make the case for this policy.”

The Scotch Whisky Association has brought the case to the EU and it said the opinion gives it confidence it will win but the drinks industry is divided on the issue.

David Frost, chief executive, said: "We welcome the Advocate General's opinion on minimum unit pricing (MUP) of alcohol. The opinion encourages us in our long-held view that MUP is illegal when there are less trade restrictive measures available.

Alastair Campbell Managing Director Tennent Caledonian Breweries said: “Minimum pricing is an important step in addressing the very specific but damaging problem of strong, cheap alcohol. It would be a lost opportunity for Scotland if it were not introduced. “