TOBACCO CONTROL LAWS

Mertz v. Souza Cruz S.A.

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, over the health conditions he allegedly suffered from consuming tobacco over many years as result of advertisements aired at the time and the lack of warnings on the consequences of smoking in violation of tobacco control laws. The lower court dismissed the case and the plaintiff appealed to this higher court on the grounds of being denied due process of law, arguing that he was not given the opportunity to produce evidence. The Court admitted the appeal and overturned the lower court's sentence, granting the plaintiff the opportunity to produce evidence.

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Eugênio Mertz v. Souza Cruz S A, No. 70003725090, 9a Câmara Civil do Tribunal de Justiça do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2004).

  • Brazil
  • Aug 25, 2004
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Civil do Tribunal de Justiça do Rio Grande do Sul)

Parties

Plaintiff Eugênio Mertz

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)

Consumer Protection Code

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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 Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
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.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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