TOBACCO CONTROL LAWS

Pinto, et al. v. Souza Cruz S A

The plaintiff brought action against Souza Cruz, a tobacco company, seeking damages arising from misleading advertisement and information on tobacco products. Further, she argued that these advertisements led her husband to the consumption of tobacco which ultimately led to his death. The Public Prosecutors’ Office intervened in the case. The lower court dismissed the case based on absence of proof that tobacco consumption caused the diseases from which the plaintiff's husband died. The plaintiff then appealed to the higher court alleging that there was indeed a connection between tobacco use and the health conditions suffered by her husband and presented supporting evidence. The higher court ruled in favor of the plaintiff, ordering Souza Cruz to pay moral damages.

Tânia Regina dos Santos Pinto, et al. v. Souza Cruz S A, Nº 70007090798, 9a Câmara Çivel do Tribunal de Justiça do Estado do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2003).

  • Brazil
  • Nov 19, 2003
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Cível do Tribunal de Jusitça do Rio Grande do Sul)
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Parties

Plaintiff

  • Cristiano dos Santos Pinto
  • Ethienne dos Santos Pinto
  • Leonardo dos Santos Pinto
  • Tânia Regina dos Santos Pinto

Defendant Souza Cruz S A

Third Party

  • Public Prosecutor's Office (Ministério Público)

Legislation Cited

Consumer's Protection Code (Law n. 8078)

Federal Constitution of Brazil

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)
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.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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