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 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.