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)


Plaintiff Geni Evaristo Figueiredo

Defendant Souza Cruz S A

Legislation Cited

Law No. 9.294 (as amended by Law No. 10.167/00, Provisional Measure No. 2.190-34/01, and Law No. 10.702/03)

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

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product