The Ills of Tobacco and TV in Brazil

     The Ills of Tobacco and 
TV in Brazil

    A judge in São
    Paulo, Brazil, found against Souza Cruz and
    Philip Morris for omitting information about the dangers of
    smoking and the transmission of deceptive advertising.
    Damages were estimated at US$ 17 billion. People are asking
    to be reimbursed for what they willingly paid to get sick.
    by: Janer
    Cristaldo

    More on tobacco. A few years ago, a friend, a recently converted non-smoker,
    rushed up to me in a bar: "For the love of God, you have to quit smoking."
    In his zeal, he didn’t even remember that I had never smoked. Knowing that
    he had discovered the truth, he went out to catechize even those who had already
    been saved.

    Last week, I defended
    the idea that smokers, in this anti-tobacco age, were being treated like lepers.
    I received indignant mail from ex-smokers, more mail than when I wrote about
    the PT, at the time when the PT was running Lula as a candidate for President.
    It is good to specify the date, since already in those days it was sacrilege
    to criticize the new Messiah. Today, even the PT labels him as a neoliberal.

    From the tone of the messages,
    I deduce that my irate letter-writers would not hesitate to end a friendship,
    just because the friend is a smoker. Which reminds me a little of Sartre,
    in talking about Camus: "Friendship tends to be totalitarian as well;
    there must be agreement on everything or there is a break in relations, and
    even the unaligned act like militants for imaginary parties."

    Sartre, of course, was
    talking about ideology. It happens that current ex-smokers have, in relation
    to cigarettes, the same attitude as the French Stalinist philosophizer.

    There was a time in which,
    here in Latin America, people ended friendships because of things that were
    happening in Vietnam or Cambodia. Now that ideologies are dead—or at
    least moribund—what divides men seems to have become cigarettes.

    Personally, it has never
    occurred to me to abandon someone just because he smokes. I stoically put
    up with the smoke, and preserve my friendship. I am also never going to tell
    him to stop smoking. That is not something you say to an adult.

    In this new holy way,
    the anti-tobacco hosts have gone overboard. Last February, a judge in São
    Paulo found against Souza Cruz and Philip Morris for omitting information
    about the dangers of smoking and the transmission of deceptive advertising.

    Damages were estimated
    at 52.5 billion reais (US$ 17 billion). The suit was brought by the Adesf
    (Associação em Defesa da Saúde do Fumante— Association
    in Defense of the Health of the Smoker). This estimate was made taking into
    account the minimum value of 1,500 reais (US$ 484) for each year the person
    spent smoking, since 1990.

    This is referring to how
    much you spent on the product, and the material damage stemming from the constraints
    that a smoker experiences, for example, in being prevented from entering a
    restaurant. That is: you are asking to be reimbursed for what you paid to
    get sick.

    Further: You are asking
    to be indemnified for the constraints that you—and no one else—caused.
    According to Adesf’s lawyer, this decision should cover all of Brazil. The
    suit, initially a civil suit, became public, so that any smoker or ex-smoker
    in São Paulo would be a beneficiary.

    You don’t even need to
    be sick to get a piece of the pie. You just need to have been on the team.
    If the decision of the judge is upheld, anyone who never smoked will be tearing
    their hair out. As long as the sentence is carried out, the government will
    no longer have to worry about hunger or poverty.

    O tempora, o mores!
    You go into a tobacconist, buy, pay, and consume your cigarettes without anyone
    making you do so, and then you sue those who produced them, alleging that
    the cigarette made you sick. Soon it will be the churrascarias’ turn,
    since a picanha or fatty ribs are not exactly good for your health.

    It would be better, perhaps,
    to make the cattle-raisers pay, since they are at the source of the problem.
    I am no longer responsible for my cholesterol levels. That diabolical churrascaria
    on the corner is to blame, or perhaps—to use an expression that is beginning
    to be popular—reactionary agribusiness.

    The trend comes from the
    United States, where the obese are suing McDonald’s, as if someone or something
    had forced them to go in and eat their sandwiches.

    In Brazil, there has already
    been thought of suing the owners of restaurants in the case of accidents stemming
    from the inebriation of a client. You are not even permitted to have the same
    inclinations as the President of the Republic. Or the restaurateur that lovingly
    serves you will run the risk of being taken to court.

    It is true that the idea
    has not yet been successful. But the believers are always at the ready, vigilant
    and organized. And there is always a judge who will see things their way.
    Last week, common sense returned as far as tobacco is concerned. Judge Afonso
    Celso da Silva, of the 19th Vara Cível (Civil Court) of São
    Paulo, suspended the judgment in the case.

    Innocent Smokers

    Something unusual has
    been happening since the end of the last century. Adults, in full possession
    of their faculties, reject responsibility for their acts, and throw the responsibility
    onto third parties.

    Those who buy and smoke
    cigarettes are innocent. Those who sell them are villains. It must be comforting,
    for a certain type of human being, to live in a world where you do not feel
    responsible for what you do.

    One never fails to hear
    the crybaby argument: ‘I was deceived by advertising.’ Now, you don’t have
    to be a genius to get a sense that all publicity is deceptive.

    If some educational campaign
    is necessary to free smokers from tobacco, it would be better to broaden the
    campaign to free all those who are exposed to advertising.

    If you open a magazine
    or turn on the TV, you are automatically drowned by advertising that is not
    only harmful to the body but also, which is worse, to the spirit. It is very
    trendy to talk about the damage tobacco does to the body. No one talks about
    the damage that television does to the intellect.

    I don’t know what the
    reader thinks, but I would rather maintain—and do maintain—relations
    with any smoker, in preference to any faithful watcher for the novelas
    (soap operas) on Globo TV.

    The smoker is always an
    intelligent person. The same is not the case with the "global" viewer.
    There are already separate rooms for non-smokers in restaurants. But no law
    requires a room for those who don’t like television.

    You can escape from smoke.
    Escaping from TV is more difficult. Today, in Brazil, you must pay very dearly
    to eat without television. Only in luxury restaurants, and even then, only
    when there is not a World Cup in progress. On these occasions, even the elite
    don’t worry about behaving like idiots.

    I was born and raised
    among smokers. My father smoked, and so did my uncles. My aunt loves to smoke
    and is a walking chimney to this day. My cousins, even before they began to
    shave, were already smoking. I spent all of my adolescence seeing American
    films, where it was hard to tell who smoked more, the hero or the villain.

    It never in my life occurred
    to me to smoke. Once I put a cigarette in my mouth. I didn’t like it and I
    threw it out. I am sorry, may the market forgive me, but no advertising is
    going to make me like something that I don’t. Advertising is credited today
    with more power than it possesses. Advertising simply suggests. It does not
    order nor oblige.

    Smokers today are being
    seen as poor wretches deluded by advertising. It is not only the smokers that
    are poor wretches, but anyone who chases after the promises of advertising.
    Even more effective than preventing smoking would be to vaccinate people against
    propaganda.


    Janer Cristaldo—he holds a PhD from University of Paris, Sorbonne—is
    an author, translator, lawyer, philosopher and journalist and lives in São
    Paulo. His e-mail address is cristal@baguete.com.br.

    Translated
    from the Portuguese by Tom Moore. Moore has been fascinated by the language
    and culture of Brazil since 1994. He translates from Portuguese, Spanish,
    French, Italian and German, and is also active as a musician. Comments welcome
    at querflote@hotmail.com.

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