Imperial Tobacco is seeking a judicial review into the legality of banning tobacco vending machines from October 2011.

The tobacco giant's vending machines subsidiary Sinclair Collis has requested the sections of the Health Act 2009 relating to vending be reviewed. The process is expected to last several months.

"The government's decision to ban cigarette vending machines is so disproportionate and unnecessary that it must be challenged," said Sinclair Collis chief executive Gareth Davis, adding that Sinclair Collis supported proposals to stop underage access by using electronic ID cards, token mechanisms and remote control technology.

"It is a matter of deep regret that the government chose to disregard all of these options in favour of a ban that will result in significant job losses in the vending industry."