LANGUAGE

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.