Clipping of news on Brazilian Culture, Law and Citizenship
12/12/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Consumer will be compensated for having been induced to purchase when faced child cancer
A consumer, victim of false advertising, should receive £ 30,000 of indemnity for moral damages for having been induced to buy "Mushroom of the Sun" to the son she had cancer. The tablets have been sold from false promises about the possibility of treating the disease. In 1999, he paid R$ 540 for the product, on the expectation that the capsules have medicinal efficacy and believing the child with liver cancer, would benefit. The consumer was convinced that the "remedy" would act efficiently in the immune system to decrease cancer cells.
The Third Chamber of the Superior Court of Justice (STJ) held that the purchase was motivated by the hope of cure of the disease. According to the law, the consumer is considered hipervulnerável, as it was weakened by the disease that the child faced. The Supreme Court did not consider issues relating to the effectiveness of the "Mushroom of the Sun", the product has health outcomes or if there is authorization from ANVISA for their marketing, to be circumstances beyond process. Only analyzed the consumer's right to get clear, consistent and accurate information about the product sold in the market.
The consumer would have been informed that the "Mushroom of the Sun", made from the royal substance Agaricus, would be effective in curing serious diseases. However, the child died three years after purchasing the supplement. The patient was also conventional treatments against cancer, such as radiation and chemotherapy.
The São Paulo Court of Justice (TJSP), while recognizing misleading advertising, denied the right to compensation for moral damages. He maintained, however, the compensation for material damages. However, the lawsuit in the Supreme Court, the court can not tolerate the conduct of companies that induce consumers to buy goods of miraculous, just in time to despair.
Read more:http://extra.globo.com/noticias/economia/homem-recebera-indenizacao-por-propaganda-enganosa-de-produto-que-seria-solucao-milagrosa-para-cancer-14813044.html#ixzz3LgYZAg2U
Source: Extra - Online
Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typos.
This article was translated by an automatic translation system, and was therefore not reviewed by people.