Tabacaria Anapurus Ltda. v. Diretor Executivo da Fundação de Proteção e de Defesa do Consumidor (PROCON/SP), et al.

Tabacaria Anapurus, a tobacco shop, brought action against the Consumer Protection Agency, claiming that the tobacco shop fell under the exception of a São Paulo tobacco control law and could therefore allow the use of tobacco in its establishment. The Court found in favor of the defendant, holding that the plaintiff did not fall under the exception and that the plaintiff needed to prove exactly the type of establishment that it was in order to benefit from the tobacco control law's exception.