Over the past two decade the way cigarettes have been advertised has changed dramatically in the US. With cigarette companies now being required by law to provide warning messages in their ads, and on their packaging about the damaging health effects of smoking, this trend in government oversight has begun to spread to other countries such as Brazil.
While confrontations between cigarette companies and government entities has been common throughout courtrooms for decades around the world, this is the first time that Brazil is seeing a push of this magnitude to alter cigarette advertising. In fact, the issue has even caught the attention of Bruno Fagali, founder of FAGALI Advocacia, a law firm specializing in advertising compliance, and related matters.
Looking into the conflict between the government, and cigarette companies regarding advertising practices, Bruno Fagali has discovered that many of the laws surrounding the conflict are in fact contradictory. With no easy solution in sight, it seems that the way the law is interpreted will determine the outcome.
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For example, one law clearly states that it is illegal to manufacture, store, distribute, and market any products that pose a clear health risk. However, another law was created specifically to ban certain additives in cigarettes, thereby possibly making the first law null in this case. Aside from the technicalities regarding the additives in cigarettes, the advertising itself could also be heavily affected.
Unsurprisingly, Bruno Fagali, and FAGALI Advocacia, have provided information on how future advertising campaigns will have to be structured. As previously mentioned, these changes have closely mirrored those in the United States, including requirements for ads to mention not only the addictive nature of cigarettes, but also the number of cigarette related deaths per year.
In the end, Bruno Fagali admits that this is a complex situation, and the resolution may not be easy to come by. Were the advertising changes in the US successful, and should Brazil work to implement similar regulations? In any event, Bruno Fagali and FAGALI Advocacia will work to keep the public informed of any decisions the Brazilian government makes regarding how cigarettes are advertised.
Bruno Fagali is one of the best attorney in Brazil. He works as corporate integrity manager at Nova/SB. He specializes in administrative law. He studied Masters in Law of the State from the Faculty of Law of the University of Sao Paulo and a Bachelor of Laws from the Pontifical Catholic University of Sao Paulo
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