TOBACCO CONTROL LAWS

Bittencourt v. Souza Cruz S A

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, seeking moral and material damages allegedly caused from smoking cigarettes and becoming addicted to them as result of Souza Cruz's misleading advertisement of its products in violation of tobacco control laws. The lower court found in favor the defendant and dismissed the case on the merits. The plaintiff appealed to the higher court. Finding that the misleading advertisement of the defendant's products led to the plaintiff's addiction to cigarettes, the Court admitted the appeal and ordered Souza Cruz to financially compensate the plaintiff for moral damages.

Rélvia Braga Bittencourt v. Souza Cruz S. A., No. 1.0024.01.038251-3/001(1), 18a Câmara Cível do Tribunal de Justica do Estado de Minas Gerais [18th Civil Chamber of the Court of Justice of Minas Gerais] (2007).

  • Brazil
  • Oct 2, 2007
  • Court of Justice of Minas Gerais, 18th Civil Chamber (18a Câmara Cível do Tribunal de Justica do Estado de Minas Gerais)
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Parties

Plaintiff Rélvia Braga Bittencourt

Defendant Souza Cruz S A

Legislation Cited

Law No. 9.294 (as amended)

Federal Constitution of Brazil, article 220

Ordinance 490/88 of the Ministry of Health

Ordinance 695/99 of the Ministry of Health

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

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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.
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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