TOBACCO CONTROL LAWS

ACODE-Associação dos Consumidores Explorados no DF v. Souza Cruz S/A

The Association for the Consumer of the Federal District (ACODE) brought action against the tobacco company, Souza Cruz, seeking the prohibition of the production of tobacco products, alleging that the company had violated the Consumer Protection Code as to how the products were advertised and the products' harmful ingredients. Based on several constitutional articles, the tobacco company claimed that its products were legal, that it complied with the Consumer Protection Code, and that the production of tobacco was legal and protected by the Constitution. The Court dismissed the petition and found in favor of the tobacco company.  The Court held that the company was acting in compliance with the Brazilian Constitution, that its activity was legal, and that the company had been providing sufficient information to consumers in its advertisements about the harmful aspects of its products.

ACODE-Associação dos Consumidores Explorados no DF v. Souza Cruz S/A, No. 2006.01.1.035933-6, 10a Vara Cível do Tribunal de Justiça do Distrito Federal e Territórios [10th Civil Court of the Court of Justice of the Federal District and Territories] (2006).

  • Brazil
  • Apr 27, 2006
  • 10th Civil Court of the Court of Justice of the Federal District and Territories (10a Vara Cível do Tribunal de Justiça do Distrito Federal e Territórios)
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Parties

Plaintiff ACODE-Associação dos Consumidores Explorados no DF

Defendant Souza Cruz S/A

Legislation Cited

Consumer Protection Code

Federal Constitution of Brazil

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Cessation
Measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. (See FCTC Art. 14)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Right to Work
A violation of the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

None

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