Souza Cruz S/A v. Dornelles, et al.

The wife and son of the deceased brought an action against, Souza Cruz, a tobacco company, claiming that the company's misleading advertisement led the husband/father to the consumption of tobacco, which eventually caused his death. The lower court ruled in favor of the plaintiffs and the defendant appealed, arguing that the plaintiffs claim did not apply to the victim, as he started smoking tobacco before the law prohibiting misleading advertisement and demanding disclosure of side effects came into force. The higher court, acknowledging the objectives of the Framework Convention on Tobacco Control and domestic tobacco laws with regards to tobacco advertisement, ruled in favor of the plaintiff and sentenced Souza Cruz to pay damages for the pain suffered by the plaintiffs.


Souza Cruz S A v. Maria Luiza Dornelles, et al., No. 70016845349, 9a Câmara Civil do Tribunal de Justica do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2007).

  • Brazil
  • Dec 12, 2007
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9 Câmara Cível doTribunal de Justiça do Rio Grande do Sul)


Plaintiff Cia de Cigarros Souza Cruz


  • Diogo Dornelles Carazai
  • Maria Luiza Dornelles

Third Party

  • Public Prosecutors' Office (Ministério Público)

Legislation Cited

Law No. 9.294 (as amended by Law No. 10.167/00, Provisional Measure No. 2.190-34/01, and Law No. 10.702/03)

Consumer Protection Code

Federal Constitution of Brazil, article 220, paragraph 4

Ordinance n. 490 of 8/25/88 of the Ministry of Health

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product