TOBACCO CONTROL LAWS

Conspiração Filmes Entretenimento, et al. v. Ministerio Publico do Distrito Federal e Territorios

The Public Prosecutor’s Office (MP) filed a civil public action against a tobacco company, and two TV broadcasting companies over a tobacco advertisement that aired on television. The MP claimed that the companies aired abusive propaganda with subliminal messages to teens and children, as well as violated the law establishing the hours during which tobacco advertisements could be aired. The lower court ruled in favor of the MP. The companies appealed to the higher court to have the lower court’s decision overturned, asserting a violation of due process, denying subliminal messages to children, and claiming that tobacco commercials were aired outside the allowed periods only six times which the TV company had already been found accountable. The higher court upheld the lower court's decision and ordered the three companies to pay damages.

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Conspiração Filmes Entretenimento, et al. v. Ministerio Publico do Distrito Federal e Territorios, CNJ: 2004011101018-0, Quarta Turma Civel do Tribunal de Justica do Distrito Federal e dos Territorios [4th Civil Court of the Court of Justice of the Federal District and Territories] (2007).

  • Brazil
  • Mar 14, 2007
  • Court of Justice of the Federal District and Territories, 4th Civil Court (Quarta Turma Civel do Tribunal de Justica do Distrito Federal e dos Territorios).

Parties

Plaintiff

  • Conspiração Filmes Entretenimento Ltda.
  • Souza Cruz S/A
  • Standart Ogilvy & Mather Ltda

Defendant Ministerio Publico do Distrito Federal e Territorios (Public Prosecutor's Office of the Federal District and Territories)

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)

Law No. 10.167 of December 27, 2000

Consumer Protection Code (Código de Defesa do Consumidor)

Federal Constitution of Brazil

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

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 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.
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.

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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