TOBACCO CONTROL LAWS

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

The plaintiffs filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for the death of their husband/father allegedly caused by consumption the defendant's products. The plaintiff alleged that the defendant failed to inform their husband/father of the consequences of tobacco consumption and that he was influenced by aggressive and misleading advertisement.  The judge decided in favor of the defendant, affirming that there was no proven connection between smoking and the death of the plaintiffs' husband/father. Further, the Court held that the activities practiced by the company were legal and dismissed the case.

Camila do Nascimento Souza, et al. v. Souza Cruz S/A, No. 583.00.2005.080975-8, 1a Vara Cível do Foro Central João Mendes Júnior [1st Civil Court of the Central Forum João Mendes Júnior] (2006).

  • Brazil
  • Aug 7, 2006
  • 1st Civil Court of the Central Forum João Mendes Júnior (1a Vara Cível do Foro Central João Mendes Júnior)
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Parties

Plaintiff

  • Camila do Nascimento Souza
  • Roselaine Maria do Nascimento

Defendant Souza Cruz S/A

Third Party

  • Public Prosecutor's Office (Ministério Público)

Legislation Cited

Consumer Protection Code

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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