TOBACCO CONTROL LAWS

Public Ministry of Rio de Janeiro v. Rappi

The case involves a complaint filed by the Office for Collective Consumer and Taxpayer Protection of Rio de Janeiro against Rappi for illegally selling electronic smoking devices (ESDs), leading the Public Prosecutor's Office to initiate a public civil action. The court ruled that Rappi, as an intermediary, is liable for its role in creating a false sense of legitimacy in selling these banned products, violating consumer protection laws. Consequently, Rappi was ordered to remove all ESDs from its platforms and pay damages and litigation costs.

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Public Ministry of Rio de Janeiro v. v. Rappi Intermediação De Negócios LTDA, Vigesima segunda camara de direito privado (antiga 23ª câmara cível)(2023).

  • Brazil
  • Sep 30, 2024
  • Vigesima segunda camara de direito privado (antiga 23ª câmara cível)

Parties

Plaintiff Public Ministry of Rio de Janeiro

Defendant Rappi Intermediação De Negócios LTDA

Third Party

Legislation Cited

ANVISA Resolution No. 46 of March 28, 2001 (as amended)

Consumer Rights Code, Law No. 8.078 of 1990 (as amended)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
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 Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.

Type of Tobacco Product

None

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