Sivieri v. Cia de Cigarros Souza Cruz

The plaintiff sought damages for health problems that she claimed to have suffered as a result of her use of tobacco products, which she had begun consuming at a very early age. She claimed that the tobacco company, Souza Cruz, advertised smoking as being healthy, classy, and the source of well-being, which led her to start smoking. The plaintiff died during the litigation and her spouse and son continued the lawsuit and demanded financial compensation for all of the original plaintiff's medical costs, as well as for the pain and suffering she and her family experienced. Finding that the plaintiff had demonstrated that the tobacco company knew about the harmful consequences of its products, but nevertheless refrained from disclosing them in pursuit of financial gains, the Court held in favor of the plaintiff. The court ordered Souza Cruz to compensate the plaintiffs.

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Millian Cury Sivieri v. Cia de Cigarros Souza Cruz, CNJ: 5258911-98.2005.8.21.0001, Comarca de Poro Alegre - 3ª Vara Cível do Foro Central [3rd Civil Court of the Central Court of the County of Porto Alegre] (2010).

  • Brazil
  • Jun 29, 2010
  • 3rd Civil Court of the Central Court of the County of Porto Alegre (Comarca de Poro Alegre - 3ª Vara Cível do Foro Central)

Parties

Plaintiff Espólio de Milian Cury Sivieri

Defendant Cia de Cigarros Souza Cruz

Legislation Cited

Consumer Protection Code (Código de Proteção e Defesa do Consumidor)

Regulation on Product Advertising (Portaria nº. 490 da União)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None