Silva, et al. v. Philip Morris Brasil, Ltda.
The plaintiffs sued Philip Morris Brasil seeking damages for the death of their relative allegedly caused from tobacco consumption. Specifically, the plaintiffs alleged that misleading advertisements about the attractiveness and lifestyle benefits of tobacco products induced the deceased to smoke. The trial court and the appeals court ruled in favor of Philip Morris, finding that the victim had smoked out of his own free will. The plaintiffs then appealed to the Superior Court of Justice. The Superior Court found the appeal inadmissible because the plaintiffs alleged a violation of the Consumer Protection Code, which was not in effect at the time the plaintiffs' relative began smoking. The Superior Court refused plaintiffs' request to re-examine the facts the case. The appeal was dismissed and the higher court's decision maintained.