TOBACCO CONTROL LAWS

Mattiazzi, et al. v. Souza Cruz, S/A

The plaintiff filed an action against Souza Cruz, a tobacco company, seeking financial compensation for health problems caused by consumption of tobacco that led to her husband's death. She claimed that the package of the cigarettes did not warn him about the possible harms associate with smoking and that, due to the addictive composition of cigarettes, he was unable to quit. The Court found in favor of the defendant and dismissed the case.

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Sonia Maria Hoffmann Mattiazzi, et al v. Souza Cruz, No.70022057582, Terceiro Grupo Civel do Tribunal de Justica do Estado do Rio Grande do Sul [ 3rd Civil Group of Justice Court of the State of Rio Grande do Sul] (2007).

  • Brazil
  • Dec 7, 2007
  • Justice Court of the State of Rio Grande do Sul, 3rd Civil Group (Terceiro Grupo Civel do Tribunal de Justica do Estado do Rio Grande do Sul)

Parties

Plaintiff Sonia Maria Hoffman Mattiazzi

Defendant Souza Cruz, S/A

Legislation Cited

Consumer Protection Code [Codigo De Defensa do Consumidor]

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

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)

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.

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

Type of Tobacco Product

None

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