TOBACCO CONTROL LAWS

Frigi, et al. v. Tobacco Company Souza Cruz S/A, et al.

The plaintiffs brought an action against tobacco companies, Philip Morris and Souza Cruz, seeking damages for the death of their relative. The plaintiffs claimed that their husband/father was induced into consuming tobacco by defendants' misleading advertisements. The lower court dismissed the case and the plaintiffs appealed to the higher court, seeking the overturning of the lower court’s decision for denying them the opportunity to produce evidence. The higher court found in favor of the plaintiffs and overturned the lower court's decision, granting the plaintiffs the right to produce evidence. During the process, Philip Morris claimed to be an illegitimate defendant in the case.

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Maria de Fátima Silvieira Frigi, et al. v.Tobacco Company Souza Cruz S/A, et al., CNJ: 0087931-37.2004.8.21.0003, 1a Vara Cível 1/1 do Tribunal de Justiça do Rio Grande do Sul [1st Civil Court 1/1 of the Court of Justice of Rio Grande do Sul] (2005).

  • Brazil
  • Oct 5, 2005
  • Court of Justice of Rio Grande do Sul, 1st Civil Court 1/1 (1a Vara Cível 1/1 do Tribunal de Justiça do Rio Grande do Sul)

Parties

Plaintiff

  • Adão Laerte do Nascimento
  • Carla Tatiana Silveira Frigi
  • Daniela Janaina Frigi dos Santos
  • Eder Vagner Silveira Frigi
  • Maria de Fátima Silveira Frigi
  • Suelen Aparecida Silveira Frigi

Defendant

  • Cia de Cigarros Souza Cruz S/A
  • Philip Morris

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.

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
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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