TOBACCO CONTROL LAWS

Figueiredo v. Souza Cruz S A

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for health conditions resulting from tobacco consumption. He argued that the advertisements were misleading and induced him to consume tobacco. The defendant alleged that the plaintiff had smoked out of his own will and was made aware of all the health risks associated with smoking. Finding that the defendant's manufacture of cigarettes constituted a legal activity authorized by the government and that the defendant's advertising was within the limits of the law, the Court held that because the consumer has the liberty of choosing to smoke, s/he is blocked from bringing actions based on misleading tobacco advertisement.  The Court ruled in favor of the defendant and dismissed the case.

Geni Evaristo Figueiredo v. Souza Cruz S/A, CNJ 0006723-61.2003.8.07.0001, 2a Vara Cível do Tribunal de Justiça do Distrito Federal e Territórios [2nd Civil Court of the Court of Justice of the Federal District and Territories] (2007).

  • Brazil
  • Sep 5, 2007
  • Court of Justice of the Federal District and Territories, 2nd Civil Court (2a Vara Cível do Tribunal de Justiça do Distrito Federal e Territórios)
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Parties

Plaintiff Geni Evaristo Figueiredo

Defendant Souza Cruz S A

Legislation Cited

Law No. 9.294 (as amended)

Law No. 10.167 of December 27, 2000

Consumer Protection Code

Federal Constitution of Brazil

Ordinance 695/99 of the Ministry of Health

Provisional Measure n. 2190/34

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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)
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 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.
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.

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.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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