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)


Plaintiff Rélvia Braga Bittencourt

Defendant Souza Cruz 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)

Federal Constitution of Brazil, article 220

Ordinance 490/88 of the Ministry of Health

Ordinance 695/99 of the Ministry of Health

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product