LANGUAGE

Figueiredo v. Souza Cruz S A

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for health conditions resulting from tobacco consumption. He argued that the advertisements were misleading and induced him to consume tobacco. The defendant alleged that the plaintiff had smoked out of his own will and was made aware of all the health risks associated with smoking. Finding that the defendant's manufacture of cigarettes constituted a legal activity authorized by the government and that the defendant's advertising was within the limits of the law, the Court held that because the consumer has the liberty of choosing to smoke, s/he is blocked from bringing actions based on misleading tobacco advertisement.  The Court ruled in favor of the defendant and dismissed the case.