Bernardo, et al. v. Souza Cruz S A

The plaintiffs brought and action against the tobacco company Souza Cruz, alleging that the company advertised misleading images of tobacco that caused their husband/father to develop the habit of smoking cigarettes, which ultimately resulted in his death from lung cancer. The defendant claimed that there was no proven direct connection between the lung cancer and the defendant's tobacco products and that the advertisement had not been misleading. The lower court found in favor of defendants, and the plaintiffs appealed. The higher court found in favor of the plaintiffs and granted them damages.

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Maria de Oliveira Bernardo, et al. v. Souza Cruz S A, n.70004812558, 9a Câmara Civil do Tribunal de Justiça do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of the State of Rio Grande do Sul] (2004).

  • Brazil
  • Oct 13, 2004
  • Court of Justice of the State of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Civel do Tribunal de Justiça do Rio Grande do Sul)

Parties

Plaintiff

  • Maria de Oliveira Bernardo
  • Marlon de Oliveira Bernardo
  • Rozane de Oliveira Bernardo

Defendant Souza Cruz S A

Legislation Cited

Consumer Protection Code

Federal Constitution of Brazil

Ordinance 490 of the Ministry of Health

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None