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ACODE-Associação dos Consumidores Explorados no DF v. Souza Cruz S/A

The Association for the Consumer of the Federal District (ACODE) brought action against the tobacco company, Souza Cruz, seeking the prohibition of the production of tobacco products, alleging that the company had violated the Consumer Protection Code as to how the products were advertised and the products' harmful ingredients. Based on several constitutional articles, the tobacco company claimed that its products were legal, that it complied with the Consumer Protection Code, and that the production of tobacco was legal and protected by the Constitution. The Court dismissed the petition and found in favor of the tobacco company.  The Court held that the company was acting in compliance with the Brazilian Constitution, that its activity was legal, and that the company had been providing sufficient information to consumers in its advertisements about the harmful aspects of its products.