TOBACCO CONTROL LAWS

Chaves v. Souza Cruz S/A

The plaintiff brought an action against Souza Cruz, a tobacco company, seeking damages for all the health problems allegedly resulting from his use of tobacco products. He alleged that he was induced into smoking cigarettes by the defendant's misleading advertisements. The lower court decided in favor of the tobacco company, finding that the plaintiff had exceeded the statutory time limit to bring the claim. The plaintiff appealed to the higher court, arguing that he had not been given the right to due process of law -- the right to produce evidence -- and that the statutory time limit did not apply. The higher court decided in favor of the tobacco company, stating that the plaintiff had been given the opportunity to produce evidence and that the statutory time limit did apply to the case.

Nelson Chaves v. Souza Cruz S/A, CNJ:0102669-35.2003.8.26.0000, 3a Câmara de Direito Privado do Tribunal de Justiça dõ Estado de São Paulo [3rd Chamber of Private Law of the Court of Justice of the State of Sao Paulo] (2011).

  • Brazil
  • Jul 26, 2011
  • Court of Justice of the State of Sao Paulo, 3rd Chamber of Private Law (3a Câmara de Direito Privado do Tribunal de Justiça dõ Estado de São Paulo)
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Parties

Plaintiff Nelson Chaves

Defendant Souza Cruz S/A

Legislation Cited

Consumer Protection Code

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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