TOBACCO CONTROL LAWS

Bernhardt v. Philip Morris Brasil S A

The plaintiff filed a lawsuit against Souza Cruz, a tobacco company, seeking damages for the death of his spouse, who he alleged died from health conditions associated with consuming the defendant's tobacco products, which allegedly resulted from the defendant's misleading advertisements portraying healthy and athletic people smoking. The lower court dismissed the case and the plaintiff appealed to this appeals court. The Court decided in favor of the plaintiff and ordered the defendant pay damages.

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Claudio Rodrigues Bernhardt v. Philip Morris, CNJ: 0000051-90.2002.8.19.0210, 8a Câmara Cível do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).

  • Brazil
  • Mar 22, 2011
  • Court of Justice of Rio de Janeiro, 8th Civil Chamber (8a Câmara Cível do Tribunal de Justiça do Rio de Janeiro)

Parties

Plaintiff Cláudio Rodrigues Bernhardt

Defendant Philip Morris Brasil S A

Legislation Cited

Law No. 9.294 (as amended)

Law No. 10.167 of December 27, 2000

Consumer Protection Code

Federal Constitution of Brazil, article 220

Law n. 2516/96 - Rio de Janeiro

Law n. 2947/98 - Rio de Janeiro

Ordinance 490/88 of the Ministry of Health

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.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

None

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