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 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.