TOBACCO CONTROL LAWS

Morais, et al. v. Souza Cruz S A, et al.

The plaintiffs brought action against Souza Cruz and Phillip Morris Brasil, tobacco companies, alleging that the death of their husband/father/father-in-law was the result of many years of smoking tobacco. Plaintiffs claimed he developed his addiction from misleading advertisements for tobacco products that lacked adequate warnings on the harms caused by tobacco consumption. The plaintiffs also claimed that the companies knew about the harmful consequences of smoking, but refrained from making them public. The lower court dismissed the case on the grounds that there was no direct connection between smoking and the victim's death and that the advertisement did not induce smoking habits. The plaintiffs appealed to the higher court, which ordered the defendants to pay damages for the suffering caused to the plaintiffs.

Noeli Francisca da Silva de Morais, et al. v. Souza Cruz S A, et al., no. 70000144626, 9a Câmara Cível do Tribunal de Justica do Estado do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2003).

  • Brazil
  • Sep 29, 2003
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Civel do tribunal de Justica do Estado do Rio Grande do Sul)
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Parties

Plaintiff

  • Adair Ferreira de Morais
  • Jairo Alves Ferraz
  • Laura Geni da Silva
  • Noeli Francisca da Silva de Morais
  • Noir Francisca da Silva Ferraz
  • Valmir Francisco da Silva

Defendant

  • Philip Morris Brasil S A
  • Souza Cruz S A

Legislation Cited

Consumer Protection Code (Código de Defesa do Consumidor)

Federal Constitution of Brazil, article 220, paragraph 4

Ordinance n. 490 of the Ministry of Health

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 Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.

Type of Tobacco Product

None

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