THE makers of Buckfast tonic wine are to take legal action against Cathy Jamieson, the justice minister, after she urged shopkeepers not to stock the product because it was fuelling antisocial behaviour.

Lawyers are seeking compensation for revenue the company claims to have lost as a result of her actions. They believe she has defamed the Buckfast brand and are also investigating possible breaches of UK competition laws and European Union regulations governing free movement of goods between member states.

Buckfast is produced in France and imported to Britain, where ingredients are added by Benedictine monks in Devon.

Local authorities have the power to ban the sale of products but they cannot single out specific brands.

Last month Jamieson, the MSP for Carrick, Cumnock and Doon Valley, wrote to the Scottish head of the Co-operative retail chain urging the company to remove Buckfast from its Auchinleck store. The firm agreed to impose selling restrictions, and last week she urged other local shopkeepers to follow suit. “I would call on other off-licences to act as responsibly or ban Buckfast. It is an unfortunate fact that off- licences can become the focus of antisocial behaviour and underage drinking,” she said.

Jim Wilson, a spokesman for J Chandler & Co, the Andover-based distributors of Buckfast, said it had instructed solicitors to seek legal redress after identifying four stores in Jamieson’s constituency which had stopped stocking its produce.

“The influence of Cathy Jamieson is quite clear. We’re looking at EU regulations and a breach of the licensing act, which clearly states you cannot ban or influence the sale of a particular product,” he said. “She’s calling for a ban in her whole constituency so we’re talking about a lot of lost revenue. This is a restrictive trade practice.

“Until she adjusts her attitude and puts out a public apology, there is no point speaking to somebody who is so far off the mark. She is obviously hellbent on causing our company maximum embarrassment. She needs to get away from the business of having a go at Buckfast and get into her community and get involved with the youngsters.”

Cameron Fyfe, one of Scotland’s most prominent litigation lawyers, said: “In my opinion, she could be open to a successful legal action. It’s important Buckfast can show a financial loss as a result of her intervention. The case could be heard in the sheriff court where the legal costs are cheaper but you’re more likely to get a reliable result in the court of session in front of a judge.”

Jamieson acted after attending a community meeting where residents complained of being harassed by drunken youths loitering near the local railway station.

“We met Cathy a couple of weeks ago but we didn’t know she intended to single out Buckfast, which we don’t think is the answer,” said Jim Monaghan, the secretary of 4-Connections, a youth club in Netherthird. “We agree with her motives but I think she’s guilty of basing things on anecdotal evidence.”

Peter Rice, a consultant psychiatrist who is advising the executive on the new licensing act, said the “bang for bucks” formula, calculated by multiplying the alcohol content of a product by the size of the bottle, showed Buckfast was unlikely to be the drink of choice among teenagers.

Typically, white cider is sold in 2.5 litre bottles and costs about £3. The alcohol content is 7.5%. A 70cl bottle of Buckfast costs £5 with an alcohol content of 16%.

“White cider, not Buckfast, is the cheapest way to get drunk. We have lots of public disorder related to alcohol in the east of Scotland where Buckfast is not consumed as much. I would like to see action taken on cheap alcohol in general, particularly in the off-trade.”

David Mitchell, the clerk to the East Ayrshire licensing board said: " If off-sales operators want to voluntarily withdraw any product then they are free to do so. While we may well support such an approach , we do not have the legal powers to impose a ban on any particular product.

Even if we did, to ban a single product such as Buckfast could well give rise to a successful legal challenge on the basis of competition laws."

A spokesperson for Jamieson said: "Cathy was responding to a constituency issue which had been raised in ocnsultation with local retailers."

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