TOBACCO CONTROL LAWS

Guimarães v. Souza Cruz S A

The plaintiff brought action against Souza Cruz, a tobacco company, seeking damages for the death of her spouse, which was allegedly caused by the consumption of tobacco products manufactured by Souza Cruz. She argued that her spouse was induced to consume tobacco by Souza Cruz's misleading advertisements, which were not regulated at the time her spouse started consuming tobacco. The lower court dismissed the action on the grounds that there was no connection between the spouse’s death and the consumption of tobacco. The plaintiff then appealed to the higher court, which partially reversed the decision and granted the plaintiff damages. The defendant filed a "request for reconsideration” and the Court annulled the appeals court decision and granted the defendant the right to produce evidence.

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Ana Luiza de Oliveira Guimarães v. Souza Cruz, No. 260.828-4/0, Quarta Câmara de Direito Privado do Tribunal de Justica do Estado de São Paulo [4th Chamber of Private Law of the Court of Justice of São Paulo] (2006).

  • Brazil
  • May 19, 2006
  • Court of Justice of São Paulo, 4th Chamber of Private Law (Quarta Câmara de Direito Privado do Tribunal de Justica do Estado de São Paulo)

Parties

Plaintiff Ana Luiza de Oliveira Guimarães

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)

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 Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
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.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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