TOBACCO CONTROL LAWS

Martins v. Souza Cruz S A

The plaintiff José da Silva Martins brought action against the defendant, Souza Cruz, a tobacco company, which was dismissed by the lower court. The plaintiff appealed to the higher court, but died before the hearing. The plaintiff's successors took over the lawsuit, seeking damages for the health problems allegedly caused by tobacco consumption. The plaintiffs claimed that José Martins had started consuming tobacco products because of allegedly aggressive and misleading advertisements on tobacco. The defendant argued that there was no proven direct connection between José Martins death and the consumption of defendant's products. The Court found in favor of the plaintiffs and ordered the defendant, Souza Cruz, to pay damages.

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Sucessão de José da Silva Martins v. Souza Cruz S A, n. 70000840264, 6a Câmara Civil do Tribunal de Justiça do Rio Grande do Sul [6th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2004).

  • Brazil
  • Jun 2, 2004
  • 6th Civil Chamber of the Court of Justice of Rio Grande do Sul (6a Câmara Civl do Tribunal de Justiça do Rio Grande do sul)

Parties

Plaintiff

  • Ana Luiza Martins
  • Sucessão de José da Silva Martins

Defendant Souza Cruz S A

Legislation Cited

Consumer Protection Code

Federal Constitution of Brazil

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 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.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
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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