TOBACCO CONTROL LAWS

Souza Cruz S/A v. Dornelles, et al.

The wife and son of the deceased brought an action against, Souza Cruz, a tobacco company, claiming that the company's misleading advertisement led the husband/father to the consumption of tobacco, which eventually caused his death. The lower court ruled in favor of the plaintiffs and the defendant appealed, arguing that the plaintiffs claim did not apply to the victim, as he started smoking tobacco before the law prohibiting misleading advertisement and demanding disclosure of side effects came into force. The higher court, acknowledging the objectives of the Framework Convention on Tobacco Control and domestic tobacco laws with regards to tobacco advertisement, ruled in favor of the plaintiff and sentenced Souza Cruz to pay damages for the pain suffered by the plaintiffs.

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Souza Cruz S A v. Maria Luiza Dornelles, et al., No. 70016845349, 9a Câmara Civil do Tribunal de Justica do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2007).

  • Brazil
  • Dec 12, 2007
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9 Câmara Cível doTribunal de Justiça do Rio Grande do Sul)

Parties

Plaintiff Cia de Cigarros Souza Cruz

Defendant

  • Diogo Dornelles Carazai
  • Maria Luiza Dornelles

Third Party

  • Public Prosecutors' Office (Ministério Público)

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)

Consumer Protection Code

Federal Constitution of Brazil, article 220, paragraph 4

Ordinance n. 490 of 8/25/88 of the Ministry of Health

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

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

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 Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.
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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