Bernhardt v. Philip Morris Brasil S A

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for the death of his spouse, who he alleged died from health conditions associated with consuming the defendant's tobacco products, which allegedly resulted from the defendant's misleading advertisements portraying healthy and athletic people smoking. The lower court dismissed the case and the plaintiff appealed to this appeals court. The Court decided in favor of the plaintiff and ordered the defendant pay damages.


Claudio Rodrigues Bernhardt v. Philip Morris, CNJ: 0000051-90.2002.8.19.0210, 8a Câmara Cível do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).

  • Brazil
  • Mar 22, 2011
  • Court of Justice of Rio de Janeiro, 8th Civil Chamber (8a Câmara Cível do Tribunal de Justiça do Rio de Janeiro)


Plaintiff Cláudio Rodrigues Bernhardt

Defendant Philip Morris Brasil S A

Legislation Cited

Law No. 9.294 (as amended by Law No. 10.167/00, Provisional Measure No. 2.190-34/01, and Law No. 10.702/03)

Law No. 10.167 of December 27, 2000

Consumer Protection Code

Federal Constitution of Brazil, article 220

Law n. 2516/96 - Rio de Janeiro

Law n. 2947/98 - Rio de Janeiro

Ordinance 490/88 of the Ministry of Health

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product