Agência Nacional de Vigilância Sanitária (ANVISA) v. Souza Cruz S/A

A tobacco company challenged a resolution that mandated all tobacco packaging and advertising warn consumers of the health risks associated with smoking.  A lower court suspended implementation of the judgment until final resolution of the case.  The tobacco company alleged that the images it was required to place on its packages and advertisements were shocking and unrealistic and that the implementing agency, the National Health Surveillance Agency (Agência Nacional de Vigilância Sanitária (ANVISA), exceeded its powers by issuing the resolution. ANVISA filed an interlocutory appeal.  The higher court decided in favor of ANVISA and overruled the decision of the lower court to allow the company to refrain from having to place warnings on the packaging and advertisement of its products.