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Article

27 May 2011

Author:
Souza Cruz

Brazilian Court Rejects Main Class Action Filed Against Cigarette Manufacturers

The…Civil Court of Sao Paulo denied the claims for indemnification brought by the Association for the Defence of the Health of Smokers (ADESF) in a class action suit filed against cigarette manufacturers Souza Cruz (the Brazilian branch of British American Tobacco…) and Philip Morris Brasil…[A]…medical court expert examination was carried out…, as well as a…court expert analysis of advertising…[T]he judge denied the claims for indemnification based on the proof that "smoking cigarettes is merely a risk factor (probability) of various diseases and is not the necessary cause" and on the fact that "the lack of warnings about the harmful effects of smoking cigarettes on packaging and in advertising, when there was no legal requirement for such warnings, creates no liability for the defendants."…

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