TOBACCO CONTROL LAWS

Alegre v. Souza Cruz S A

The plaintiff, Dina Ribeiro Mont Alegre, filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for health problems she was suffering allegedly due to tobacco consumption. She claimed that when she began smoking, the advertisements were misleading and did not warn her about the possible health problems caused by the substances in the cigarettes. The Court ruled in favor of the tobacco company, finding that the consumer has the liberty of choosing to smoke and that, at the time the plaintiff had started smoking, tobacco companies were not obligated to warn consumers in their advertisements. Therefore, the Court exempted the defendant of any responsibility.

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Dina Ribeiro Mont Alegre v. Souza Cruz S/A, No. 562.01.2000.015511-2, 5a Vara Cível do Fórum de Santos [5th Civil Court of the Forum of Santos] (2010).

  • Brazil
  • Dec 30, 2010
  • 5th Civil Court of the Forum of Santos (5a Vara Cível do Fórum de Santos)

Parties

Plaintiff Dina Ribeiro Mont Alegre

Defendant Souza Cruz S A

Cited Legislation

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

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)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

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 Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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