Silva, et al. v. Philip Morris Brasil, Ltda.

The plaintiffs sued Philip Morris Brasil seeking damages for the death of their relative allegedly caused from tobacco consumption. Specifically, the plaintiffs alleged that misleading advertisements about the attractiveness and lifestyle benefits of tobacco products induced the deceased to smoke. The trial court and the appeals court ruled in favor of Philip Morris, finding that the victim had smoked out of his own free will. The plaintiffs then appealed to the Superior Court of Justice. The Superior Court found the appeal inadmissible because the plaintiffs alleged a violation of the Consumer Protection Code, which was not in effect at the time the plaintiffs' relative began smoking. The Superior Court refused plaintiffs' request to re-examine the facts the case. The appeal was dismissed and the higher court's decision maintained.

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Laura Geni da Silva, et al. v. Philip Morris Brasil, No. 851.924-RS, Superior Tribunal de Justiça [Superior Court of Justice] (2010).

  • Brazil
  • Feb 18, 2010
  • Superior Court of Justice (Superior Tribunal de Justiça)

Parties

Plaintiff

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

Defendant Philip Morris Brasil, Ltda.

Cited Legislation

Consumer's Protection Code, Law No. 8.078/90 (Código de Defesa do Consumidor, Lei n° 8.078/90)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None