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)



  • 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


  • 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

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