Zimpeck, Jr., et al. v. Philip Morris Brasil S A

The plaintiffs brought an action against the defendant, Philip Morris Brasil, seeking damages for the death of their husband/father allegedly resulting from tobacco consumption influenced by defendant's alleged misleading advertisements. The lower court dismissed the case on the merits, finding that the defendant was engaged in legal activities. The plaintiffs appealed seeking to overturn the decision, claiming that they were not given the opportunity to produce evidence. They also argued that although the activity was legal, the defendant was not exempt from the duty to indemnify in accordance with the Consumer Protection Code. The Court found in favor of the plaintiffs, granting them the opportunity to produce evidence while overturning the decision of the lower court.