TOBACCO CONTROL LAWS

Souza Cruz S A v. Martins

The plaintiff filed a lawsuit against the tobacco company, Souza Cruz, alleging that his health problems resulted from the consumption of the defendant's tobacco products. Further, the plaintiff claimed that his addiction was caused by misleading advertisements and the lack of content disclosure on the package labels. The lower court ruled in favor of the plaintiff and Souza Cruz appealed, claiming that the obligation to produce evidence was not the company's, as stated in the Civil Procedural Code, and that there was no proven connection between the smoking of cigarettes and the health condition presented by the plaintiff. Furthermore, it was the plaintiff's decision to continue smoking even after receiving medical advice to discontinue the habit. Upon appeal, the Court dismissed the allegations and upheld the lower court's decision, but reduced the amount to be paid in damages, finding the plaintiff partly responsible.

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Souza Cruz S A v. Michel Eduardo da Silva Martins, n. 70012335311, 9a Câmara Cível do Tribunal de Justiça do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2005).

  • Brazil
  • Sep 21, 2005
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Cível do Tribunal de Justiça do Rio Grande do Sul)

Parties

Plaintiff Souza Cruz S A

Defendant Michel Eduardo da Silva Martins

Legislation Cited

Consumer Protection Code

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)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
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 Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.
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.
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.
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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