TOBACCO CONTROL LAWS

Zimpeck, Jr., et al. v. Philip Morris Brasil S A

The plaintiffs brought an action against the defendant, Philip Morris Brasil, seeking damages for the death of their husband/father allegedly resulting from tobacco consumption influenced by defendant's alleged misleading advertisements. The lower court dismissed the case on the merits, finding that the defendant was engaged in legal activities. The plaintiffs appealed seeking to overturn the decision, claiming that they were not given the opportunity to produce evidence. They also argued that although the activity was legal, the defendant was not exempt from the duty to indemnify in accordance with the Consumer Protection Code. The Court found in favor of the plaintiffs, granting them the opportunity to produce evidence while overturning the decision of the lower court.

Arthur Zimpeck Junior, et al. v. Philip Morris Brasil S A, No. 70006964365, 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] (2003).

  • Brazil
  • Nov 19, 2003
  • 9th Civil Chamber of the Court of Justice of Rio Grande do Sul (9a Câmara Cível do Tribunal de Justiça do Rio Grande do Sul)
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Parties

Plaintiff

  • Arthur Zimpeck Júnior
  • Lea Esther Zimpeck

Defendant Philip Morris Brasil S A

Legislation Cited

Consumer Protection Code (Law 8078/90)

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

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 Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
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.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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