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Sindicato da Indústria do Fumo no Estado do Rio Grande do Sul v. Agência Nacional de Vigilância Sanitária (ANVISA)

The National Health Surveillance Agency (ANVISA) issued a regulation regulating package labeling and advertisement of tobacco products.  The plaintiff, a tobacco industry union, filed an interlocutory appeal to overturn the lower court decision that upheld ANVISA's regulation. The plaintiff alleged that the warnings were prejudicial against the tobacco companies and overly shocking.  ANVISA argued that the warnings were necessary to alert potential consumers of risks associated with tobacco consumption and that the Constitution and the Framework Convention on Tobacco Control (FCTC) supported ANVISA's authority to regulate the matter. The appeal was dismissed and the decision of the lower court was affirmed.

Sindicato da indústria do fumo no Estado do Rio Grande do Sul v. Agência Nacional de Vigilância Sanitária (ANVISA), No. 2008.04.00.046270-5, Tribunal Regional Federal da 4a Regiao [Regional Federal Court of the 4th Region] (2009).

  • Brazil
  • Apr 2, 2009
  • Regional Federal Court of the 4th Region (Tribunal Regional Federal da 4a Regiao)
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Parties

Plaintiff Sindicato da indústria do fumo no Estado do Rio Grande do Sul

Defendant Agencia Nacional de Vigilancia Sanitaria (ANVISA)

Legislation Cited

Law No. 9.294 (as amended)

Law No. 4.717/65 (Lei nº 4.717/65)

Law No. 9.782/99 (Lei nº 9.782/99)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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

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.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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