TOBACCO CONTROL LAWS

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

The National Agency of Sanitary Surveillance (ANVISA sought a review of the decision of a lower court finding Philip Morris in violation of a tobacco control regulation that required the tobacco company to place warnings on the packaging of the company's products on the harmful effects of tobacco consumption. The defendant alleged that ANVISA's regulation went outside the scope of the agency's power to regulate tobacco products. The defendant also claimed that requiring tobacco companies to place grotesque images on their products would compromise their competition in sales in the market. The case was appealed and the higher court determined that the regulations issued by ANVISA complied with the articles of the Brazilian Constitution. Therefore, the Court ordered Philip Morris to immediately place warnings on the harms caused by the tobacco consumption on the packaging of its products.

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).

  • Brazil
  • Sep 23, 2009
  • Regional Federal Court of the 2nd Region (Tribunal Regional da 2a Regiao)
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Parties

Plaintiff Agencia Nacional de Vigilancia Sanitaria (ANVISA)

Defendant Philip Morris Brasil Ind. Com. Ltda.

Legislation Cited

Law No. 9.294 (as amended)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

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

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.
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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