TOBACCO CONTROL LAWS

Ministerio Publico Federal v. Agencia Nacional de Vigilancia Sanitaria (ANVISA)

The Public Prosecutor's Office filed an action against the Federal Government and the National Health Surveillance Agency (ANVISA), claiming that the law demanding that all tobacco product packages carry pictures warning about the harms caused by tobacco was unconstitutional and violated the constitutional right to humane treatment and dignity. The Public Prosecutor alleged that the pictures displayed were overly shocking and insulted smokers. The Federal Government and ANVISA refuted these arguments claiming the pictures had been scientifically proven to play an important role in decreasing the consumption of tobacco in the population. They also underscored that as a signatory of the Framework Convention on Tobacco Control, Brazil's measures used to regulate tobacco consumption were all legally based. The Court ruled in favor of the Federal Government and ANVISA, upholding the law as constitutional.

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Ministerio Publico Federal v. Agencia Nacional de Vigilancia Sanitaria (ANVISA), No. 2008.72.05.002189-2, Tribunal Regional Federal da 4a Regiao [Regional Federal Court of the 4th Region] (2009).

  • Brazil
  • Apr 24, 2009
  • Regional Federal Court of the 4th Region (Tribunal Regional Federal da 4a Regiao)

Parties

Plaintiff

Defendant

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)

ANVISA Resolution No. 335 of November 24, 2003

ANVISA Resolution No. 54 of August 6, 2008

Provisional Measure No. 2.190-34

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.

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)

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.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Right to Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
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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