Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.