LANGUAGE

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.