Welcome to FIS   Sponsored By
United States
Subscribe to FIS | Register with FIS | Advertise with FIS | Newsletter | About FIS | Contact us
   


Sardines branded Gomes da Costa. (Photo: GC)

Canned sardine manufacturer must pay compensation for collective damage

Click on the flag for more information about Brazil BRAZIL
Wednesday, June 13, 2018, 01:30 (GMT + 9)

The Third Section of the Superior Court of Justice (STJ) rejected the appeal filed by GDC Alimentos, owner of the Gomes da Costa brand, and decided to uphold the sentence for collective moral damages imposed on the company for the sale of canned sardines with a weight that is different from the one advertised on the packaging.

In addition to arguing that the violation of individual rights can, in theory, cause collective moral damages, the Court recognized the legitimacy of the Public Ministry to judge collective actions in defense of those interests.

According to this ruling, the value of collective moral damages, set at BRL 100,000 (approximately USD 27,000), is not unreasonable. The company had already been sentenced in the first and second instances to pay that compensation value for collective moral damages, in addition to not being able to sell the sardines with less weight than advertised.

In 2014, the Public Prosecutor's Office of Rio Grande do Sul received complaints from consumers about the decrease in the amount of sardines in cans, in contrast to an increase in oil content. After the refusal of the company to sign an agreement to correct this behavior, the MP initiated a collective civil lawsuit, due to the lack of the right action regarding the amount and the consequent damage to the consumers.

Judge Nancy Andrighi rejected the company's statement that the Public Ministry did not have the legitimacy to initiate legal action. In this regard, she considered that "the interests protected in the present public civil action reach the universality of the potential consumers of their products, and not only specific cases in which the discrepancy between the number of sardines and the information contained in the container was verified."

She also recalled that throughout the process it was verified that the company did not seek at any time to inform consumers about the possible variation of the existing content in the cans, nor did it reduce the reported value in order to comply with the requirements imposed by the valid legislation.

"Serious violations of contractual public morality, of reasonable significance that goes beyond the limits of tolerability, have been reported, so the necessary requirements for the conviction of the plaintiff to compensation for collective moral damages have been established," Andrighi concluded.

[email protected]
www.fis.com


 Print


Click to know how to advertise in FIS
MORE NEWS
Myanmar
Jul 20, 03:20 (GMT + 9):
Aquaculture sector needs new strategies to reduce feed costs
Canada
Jul 20, 02:40 (GMT + 9):
Strong shrimp market benefits Inuit organisation
Chile
Jul 20, 01:40 (GMT + 9):
SMA requests permission from Environmental Court to stop operations at Marine Harvest centre
United States
Jul 20, 01:20 (GMT + 9):
IN BRIEF - Marine Science and Conservation Experts Join ISSF Committees
New Zealand
Jul 20, 01:20 (GMT + 9):
IN BRIEF - 'Destructive' fishing practices blamed for decline of tarakihi fishery
India
Jul 20, 01:20 (GMT + 9):
IN BRIEF - Fishermen get green signal for venturing into the sea
Canada
Jul 20, 01:00 (GMT + 9):
IN BRIEF - North Vancouver MP Jonathan Wilkinson named federal minister of fisheries, oceans and coast guard
United Kingdom
Jul 20, 01:00 (GMT + 9):
IN BRIEF - Alison Austin OBE appointed to lead Seafood 2040 strategy
United States
Jul 20, 01:00 (GMT + 9):
IN BRIEF - Seafood analyst: Trump's proposed tariffs hurt Alaska
Ukraine
Jul 20, 01:00 (GMT + 9):
IN BRIEF - Ukraine ombudsperson asks Poroshenko to swap Ukrainian fishermen for Russian Nord crew
United States
Jul 20, 01:00 (GMT + 9):
EN BREVE - What’s at Stake for the Billion Dollar Atlantic Bigeye Tuna
Chile
Jul 20, 01:00 (GMT + 9):
Senate Fisheries Commission meets on board scientific vessel
United States
Jul 20, 00:50 (GMT + 9):
Maine allocates USD 340,000 to support lobster fishery research
Spain
Jul 19, 23:00 (GMT + 9):
First Atlantic skipjack tuna fishery to start MSC assessment process
United States
Jul 19, 22:40 (GMT + 9):
New York-based fish processors agree to stop operations due to potential listeria contamination



Lenguaje
FEATURED EVENTS
  
TOP STORIES
Maine allocates USD 340,000 to support lobster fishery research
United States The Maine Department of Marine Resources has awarded six grants totalling USD 340,000 for research programs that will contribute to improved understanding of lobster fishery management.
Fiji joins international treaty against IUU fishing
Fiji The Fiji government has agreed to sign up to a FAO treaty aiming to prevent, deter and stop illegal fishing by implementing efficient port state measures.
Warmer water could reduce expected abundant sockeye return to the Fraser
Canada The threat of high water temperatures and several years of low fish survival is putting the expected 14 million sockeye return to the Fraser River in 2018 at risk.
EU sanitary authority approves control systems for bivalve mollusks
Peru The Directorate General of Health and Food Safety of the EU has approved the audit carried out by a specialized team of that entity in the country to the production chain of live bivalve mollusks, such as scallops.
 
Maruha Nichiro Corporation
Nichirei Corporation -Headquarter-
Pesquera El Golfo S.A.
Ventisqueros - Productos del Mar Ventisqueros S.A
Wärtsilä Corporation -Wartsila Group Headquarter-
ITOCHU Corporation -Headquarter-
BAADER - Nordischer Maschinenbau Rud. Baader GmbH+Co.KG (Head Office)
Inmarsat plc - Global Headquarters
Marks & Spencer
Tesco PLC (Supermarket) - Headquarters
Sea Harvest Corporation (PTY) Ltd. - Group Headquarters
I&J - Irvin & Johnson Holding Company (Pty) Ltd.
Blue Continent Products (Pty) Ltd - (Oceana Group Limited)
Pesquera San Jose S.A.
Nutreco N.V. - Head Office
CNFC China National Fisheries Corporation - Group Headquarters
W. van der Zwan & Zn. B.V.
SMMI - Sunderland Marine Mutual Insurance Co., Ltd. - Headquarters
Icicle Seafoods Inc. -Headquarter-
Starkist Seafood Co. - Headquearters
Trident Seafoods Corp.
American Seafoods Group LLC - Head Office
Marel - Group Headquarters
SalMar ASA - Group Headquarters
Sajo Industries Co., Ltd
Hansung Enterprise Co.,Ltd.
BIM - Irish Sea Fisheries Board (An Bord Iascaigh Mhara)
CEFAS - Centre for Environment, Fisheries & Aquaculture Science
COPEINCA ASA - Corporacion Pesquera Inca S.A.C.
Chun Cheng Fishery Enterprise Pte Ltd.
VASEP - Vietnam Association of Seafood Exporters & Producers
Gomes da Costa
Furuno Electric Co., Ltd. (Headquarters)
NISSUI - Nippon Suisan Kaisha, Ltd. - Group Headquarters
FAO - Food and Agriculture Organization - Fisheries and Aquaculture Department (Headquarter)
Hagoromo Foods Co., Ltd.
Koden Electronics Co., Ltd. (Headquarters)
A.P. Møller - Maersk A/S - Headquarters
BVQI - Bureau Veritas Quality International (Head Office)
UPS - United Parcel Service, Inc. - Headquarters
Hamburg Süd Group - (Headquearters)
Armadora Pereira S.A. - Group Headquarters
NOAA - National Oceanic and Atmospheric Administration (Headquarters)
Omega Protein Corporation -Headquarter-
Marona S.A.
Marine Harvest ASA - Headquarters
Marubeni Europe Plc -UK-
Findus Ltd
Icom Inc. (Headquarter)
WWF Centroamerica
Oceana Group Limited
The David and Lucile Packard Foundation
Ajinomoto Co., Inc. - Headquarters
Friosur S.A. - Headquarters
Cargill, Incorporated - Global Headquarters
Benihana Inc.
Leardini Pescados Ltda
Mitsubishi Corporation Marine Products Depts. D.Team
CJ Corporation  - Group Headquarters
Greenpeace International - The Netherlands | Headquarters
David Suzuki Foundation
Fisheries and Oceans Canada -Communications Branch-
Mitsui & Co.,Ltd - Headquarters
NOREBO Group (former Ocean Trawlers Group)
Natori Co., Ltd.
Carrefour Supermarket - Headquarters
FedEx Corporation -Headquarter-
AKBM - Aker BioMarine ASA
Seafood Choices Alliance -Headquarter-
Austevoll Seafood ASA
Walmart / Wal-Mart Stores, Inc. (Supermarket) -Headquarter-
New Japan Radio Co.Ltd (JRC) -Head Office-
Gulfstream JSC
INVE Group - Head Office
Marine Stewardship Council - MSC Worldwide Headquarters
Royal Dutch Shell plc (Headquarter)
Genki Sushi Co.,Ltd -Headquarter-
Iceland Pelagic ehf
AXA Assistance Argentina S.A.
Caterpillar Inc. - Headquarters
Tiger Brands Limited
Morpol ASA - Group Headquarters
SeaChoice
National Geographic Society
AmazonFresh, LLC - AmazonFresh

Copyright 1995 - 2018 Fish Info & Services Co.Ltd| All Rights Reserved.   DISCLAIMER