Souza Cruz v. ACT Brazil

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.

Docket No. 0363446-76.2012.8.19.0001

  • Brazil
  • Sep 5, 2012
  • Rio de Janeiro, RJ

Parties

Plaintiff Souza Cruz SA

Defendant ACT Brazil

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"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."