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Souza Cruz v. ACT Brazil

Souza Cruz, a tobacco company, sought to prevent ACT Brazil, a public health 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. This is a decision of the appellate court agreeing with the trial court to deny the injunction sought by the tobacco company.

 
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