Drink pricing: Sturgeon's Euro-law claim unravels Published on Thursday 9 February 2012 00:00 SNP claims of support from European leaders for plans to impose a minimum alcohol price have been branded a "distortion," after it emerged the legal position still remains unclear. Health secretary Nicola Sturgeon was accused of making an "embarrassing gaffe" after claiming she received a "very clear message" that the measure was in line with EU law during meetings with Euro chiefs in Brussels this week. But an e-mail released by Labour from the office of EU health commissioner John Dalli, whom Ms Sturgeon met, shows he told her the legality was still a grey area. "We will have to see first if Scotland's minimum pricing law on alcohol is compatible with EU law," is what Mr Dalli said, according to his officials. He also made it clear that the issue was not within the competence of his department. Ms Sturgeon also held meetings with EU enterprise officials, but the row has prompted Labour to step up calls for the SNP to publish the legal advice it holds on minimum unit pricing - and to name its proposed minimum price. Labour's health spokeswoman Jackie Baillie said: "This is an embarrassing gaffe by Nicola Sturgeon. Not only has she been caught out misrepresenting the position of the commission, she has also met with the wrong commissioner. Ms Baillie added: "If Nicola Sturgeon is so confident of her case, then why does she not come clean and finally publish the legal advice, her proposed minimum price and formally notify the EU?" A spokesman for Ms Sturgeon had told journalists on Tuesday after the meetings: "The very clear message from the commission was confirmation that minimum pricing for alcohol is entirely compatible in principle with EU law." However, the Scottish Government insisted yesterday that it remained the case "in principle" that minimum pricing was compatible with EU law. A spokeswoman said: "The health secretary's discussions in Brussels reinforced what has always been our view, which is that - in principle - a minimum pricing policy is compatible with EU law, providing certain key conditions are met, and we are confident our proposals will do just that. The health secretary met with the health commissioner, as this is a policy primarily about improving public health, and the commission have confirmed that they view tackling alcohol misuse as an important issue. Alcohol industry leaders insist that the SNP plans are illegal after a legal opinion sought by the Swiss government in 2009 concluded that minimum pricing is not compatible with the EU Treaty. Switzerland operates its trade relations as though within the EU. Labour say the bill will not seriously tackle problem drinking and instead hand a "multi-million-pound windfall" to big retailers in extra tax revenues. Legislation is currently going through the Scottish Parliament which will see the measure introduced. It was rejected at Holyrood before the last election, but the SNP's majority at Holyrood means it will now be passed. Labour MEP Catherine Stihler said: "At best this is cack-handed diplomacy; at worst this is a deliberate distortion of the commissioner's position. At no point did the commissioner say that minimum unit pricing was legal under EU law. The SNP have embarrassed themselves on the international stage, but my concern is that it reflects poorly on Scotland as a whole. A Scotch whisky industry spokeswoman said: "Nicola Sturgeon has said she expects a legal challenge, and now is her chance to formally notify the EU of her proposals to clarify the situation for everyone - the SWA has said she should notify the EU."