Gonçalves v. Souza Cruz S/A
Cleomar Teresinha Gonçalves v. Souza Cruz, No. 70015107600, Nona Camera Civel da Tribunal de Justica, Rio Grande do Sul [9th Civil Chamber of the Court of Justice of the State of Rio Grande do Sul] (2008).
- Brazil
- Aug 27, 2008
- Court of Justice of the State of Rio Grande do Sul, 9th Civil Chamber (Nona Camera Civel da Tribunal de Justica, Rio Grande do Sul)
The plaintiff, Cleomar Teresinha, brought an action against Souza Cruz, a tobacco company, seeking damages for the health problems she developed as a result of the consumption of the company's tobacco products since she was thirteen. She claimed that the tobacco company did not warn the consumers about the health consequences brought by smoking and aired misleading advertisements in violation of the Brazilian Constitution and consumer protection law. The lower court dismissed the case on the grounds that the plaintiff failed to prove the connection between tobacco consumption and her health problems. The plaintiff appealed to the higher court, which ruled in favor of the plaintiff and ordered the company to pay damages.