Souza Cruz, a tobacco company, sought to prevent ACT Brazil, a public interest NGO, from publishing a video criticizing the placement of tobacco products near candies, gum and other products popular with children. Souza Cruz argued that the video suggested the company was encouraging the criminal act of selling cigarettes to minors. The court ruled that the video did not target the company specifically but was instead generally advocating for greater restrictions on point of sale placement of tobacco products. The court found there was no injury to the company sufficient to justify a restriction on freedom of expression.
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Type of Tobacco Product
None
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.
"Right away it must be emphasized that in the material disclosed by the respondent, there is no express mention of the petitioner, much less an accusation that the latter is selling cigarettes to children and/or adolescents. In parallel, upon an initial analysis, it can be gleaned from the advertisement that what is being sought by it is for cigarettes not to be displayed at points of sale together with products that could be of interest to children and adolescents. The defendant [sic] itself is aware and agrees that there should not be sales to this public, nor advertising aimed at it. Therefore, on the basis of judicial cognizance, no offense to the right of the defendant is ascertained that would justify a restriction of freedom of expression. For these reasons I DO NOT APPROVE THE RESTRAINING ORDER."
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.
Souza Cruz, a tobacco company, sought to prevent ACT Brazil, a public interest NGO, from publishing a video criticizing the placement of tobacco products near candies, gum and other products popular with children. Souza Cruz argued that the video suggested the company was encouraging the criminal act of selling cigarettes to minors. The court ruled that the video did not target the company specifically but was instead generally advocating for greater restrictions on point of sale placement of tobacco products. The court found there was no injury to the company sufficient to justify a restriction on freedom of expression.