Agência Nacional de Vigilância Sanitária (ANVISA) v. Souza Cruz S/A
A tobacco company challenged a resolution that mandated all tobacco packaging and advertising warn consumers of the health risks associated with smoking. A lower court suspended implementation of the judgment until final resolution of the case. The tobacco company alleged that the images it was required to place on its packages and advertisements were shocking and unrealistic and that the implementing agency, the National Health Surveillance Agency (Agência Nacional de Vigilância Sanitária (ANVISA)), exceeded its powers by issuing the resolution. ANVISA filed an interlocutory appeal. The higher court decided in favor of ANVISA and overruled the decision of the lower court to allow the company to refrain from having to place warnings on the packaging and advertisement of its products.
Agência Nacional de Vigilância Sanitária (ANVISA) v. Souza Cruz S/A, 2009.0.01.004853-3, Tribunal Regional Federal da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Brazil
Jun 17, 2009
Regional Federal Court of the 2nd Region (Tribunal Regional Federal da 2a Regiao)
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"The circumstance that the images are shocking, strong, repulsive, and aversion-provoking, in effect, represents the strict compliance with the existing constitutional and legal commands on the subject. There is an indication of the conducting of dense works, studies and researches around the greater efficiency of the images and words provided for in Resolution No. 54/08, as stated in the petition to file the interlocutory appeal, bringing together INCA, ANVISA itself, UFF, UFRJ and PUC-RJ in a multidisciplinary group that since 2006 has been dedicated to the analysis of the theme. The need to update the images and warnings, obviously, stems from the existing time of dissemination of those contained in Resolution No. 335/03 and, during the period, surveys were conducted regarding the impacts caused in terms of reducing tobacco consumption. At first, metaphorical images are used to inform the recipient of the warning about the magnitude of the risks inherent in the consumption of tobacco products. Impact images prove to be essential especially to convey a clear and direct message, including and especially to the general population, and not to an expert in Medicine."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A tobacco company challenged a resolution that mandated all tobacco packaging and advertising warn consumers of the health risks associated with smoking. A lower court suspended implementation of the judgment until final resolution of the case. The tobacco company alleged that the images it was required to place on its packages and advertisements were shocking and unrealistic and that the implementing agency, the National Health Surveillance Agency (Agência Nacional de Vigilância Sanitária (ANVISA)), exceeded its powers by issuing the resolution. ANVISA filed an interlocutory appeal. The higher court decided in favor of ANVISA and overruled the decision of the lower court to allow the company to refrain from having to place warnings on the packaging and advertisement of its products.