Souza Cruz S A v. Martins

The plaintiff filed a lawsuit against the tobacco company, Souza Cruz, alleging that his health problems resulted from the consumption of the defendant's tobacco products. Further, the plaintiff claimed that his addiction was caused by misleading advertisements and the lack of content disclosure on the package labels. The lower court ruled in favor of the plaintiff and Souza Cruz appealed, claiming that the obligation to produce evidence was not the company's, as stated in the Civil Procedural Code, and that there was no proven connection between the smoking of cigarettes and the health condition presented by the plaintiff. Furthermore, it was the plaintiff's decision to continue smoking even after receiving medical advice to discontinue the habit. Upon appeal, the Court dismissed the allegations and upheld the lower court's decision, but reduced the amount to be paid in damages, finding the plaintiff partly responsible.


Souza Cruz S A v. Michel Eduardo da Silva Martins, n. 70012335311, 9a Câmara Cível do Tribunal de Justiça do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2005).

  • Brazil
  • Sep 21, 2005
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Cível do Tribunal de Justiça do Rio Grande do Sul)


Plaintiff Souza Cruz S A

Defendant Michel Eduardo da Silva Martins

Legislation Cited

Consumer Protection Code

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product