Misleading Advertising

142 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Potato Chip Inst. v. Gen. Mills, Inc.
  461 F.2d 1088· 8th Cir.· 1972-06-16 ·cited 10×
  The court held that if an ambiguous term can be clarified by an explanatory phrase, it is sufficient to require the explanation rather than prohibit the term's use.
• Bakers Franchise Corp. v. Fed. Trade Comm'n
  302 F.2d 258· 3d Cir.· 1962-05-01 ·cited 10×
  The court held that the Federal Trade Commission did not err in finding that the 'Lite Diet' trademark and advertisements were deceptive and in ordering the prohibition of its use.
• Folds v. Fed. Trade Comm'n
  187 F.2d 658· 7th Cir.· 1951-03-23 ·cited 10×
  The court held that the FTC's finding of an implied representation that Kleerex was an effective treatment for pimples was not supported by substantial evidence, and modified the cease and desist order.
• Irwin v. Fed. Trade Comm'n
  143 F.2d 316· 8th Cir.· 1944-06-15 ·cited 10×
  The court held that the Federal Trade Commission's findings of fact were supported by substantial evidence, and its cease and desist order prohibiting specific false and misleading advertising claims for the 'Gordon Detoxifier' was therefore affirmed.
• THE Florida BAR v. Davide
  702 So. 2d 184· Fla.· 1997-10-09 ·cited 9×
  The court held that the respondents engaged in the unlicensed practice of law and adopted the referee's recommendations for sanctions.
• Koens v. Royal Caribbean Cruises, Ltd.
  774 F. Supp. 2d 1215· S.D. Fla.· 2011-03-25 ·cited 8×
  The court held that the plaintiffs failed to state a claim for negligence, misleading advertising, negligent misrepresentation, apparent agency, actual agency, breach of third-party beneficiary contract, or negligent infliction of emotional distress, granting the defendant's moti
• THE Florida BAR v. Jasperson
  625 So. 2d 459· Fla.· 1993-10-07 ·cited 8×
  The Florida Bar disciplined attorney Mark Douglas Jasperson for multiple ethical violations across nine counts involving client representation and advertising. The Florida Supreme Court approved the referee's findings and suspended Jasperson from practice for one year, finding he
• Bill Branch Chevrolet, Inc. v. Burkert
  521 So. 2d 153· Fla. 2d DCA· 1988-01-29 ·cited 8×
  The appellate court affirmed the trial court's judgment against Bill Branch Chevrolet, Inc. for breach of contract, misleading advertising, and fraud, and upheld the jury's award of compensatory and punitive damages.
• White Mountain Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  598 F.2d 274· D.C. Cir.· 1979-04-09 ·cited 8×
  The court held that the FCC was not required to provide a detailed explanation for distinguishing White Mountain's fraudulent double billing from the conduct in the CBS case, as the differences were obvious and substantial.
• Howe v. Fed. Trade Comm'n
  148 F.2d 561· 9th Cir.· 1945-04-04 ·cited 8×
  The court affirmed the Federal Trade Commission's cease and desist order, finding that the use of the trade name 'Hollywood' for cosmetic preparations was deceptive.
• Etablissements Rigaud, Inc. v. Fed. Trade Comm'n
  125 F.2d 590· 2d Cir.· 1942-02-04 ·cited 8×
  The court held that the FTC order was too broad in prohibiting all French terms and requiring English translations for perfume names. The order should be modified to prohibit only misleading representations of foreign origin.
• Lone Ranger, Inc. v. COX
  124 F.2d 650· 4th Cir.· 1942-01-05 ·cited 8×
  The court held that the defendants' advertising and performances constituted unfair competition by attempting to trade on the goodwill of the plaintiff's 'Lone Ranger' radio program, even with qualifying language.
• Black Diamond Props., Inc. v. Haines
  36 So. 3d 819· Fla. 5th DCA· 2010-05-28 ·cited 7×
  Black Diamond Properties appeals a trial court's denial of attorney's fees and costs after a plaintiff voluntarily dismissed claims against it. The appellate court reverses, holding that Black Diamond is a prevailing party entitled to recover attorney's fees under Florida's misle
• Prohias v. Pfizer, Inc.
  485 F. Supp. 2d 1329· S.D. Fla.· 2007-04-24 ·cited 7×
  Pfizer's motion to dismiss the complaint as to Nilda Prohias, Nancy Yost, the Teamsters Plan, and Health Care for All is granted because these parties failed to allege sufficient injury or damages to state a claim under applicable state laws.
• Shaffer v. AMF
  842 F.2d 893· 6th Cir.· 1988-03-24 ·cited 7×
• Homefinders OF Am., Inc. v. Providence Journal Co.
  621 F.2d 441· 1st Cir.· 1980-03-26 ·cited 6×
  A newspaper is not required by antitrust laws to publish misleading advertisements, even if it holds a monopoly position, as it has a right to protect its own business interests and maintain advertising quality.
• Mohawk Ref. Corp. v. Fed. Trade Comm'n
  263 F.2d 818· 3d Cir.· 1959-02-12 ·cited 6×
  The court held that the failure to disclose that motor oil was re-refined from used oil, when sold in containers appearing to hold new oil, constituted a deceptive practice under the FTC Act, even if the re-refined oil was of equal quality.
• Hoffman v. Ariz. Beverages USA, LLC
  M.D. Fla.· 2025-02-18 ·cited 5×
  A defendant is the prevailing party entitled to attorney's fees when a plaintiff voluntarily dismisses a claim under Florida law, even in a diversity action.
• Philip Morris USA Inc. v. Cuddihee
  47 Fla. L. Weekly S78· Fla. 1st DCA· 2022-05-04 ·cited 5×
  The appellate court affirmed a jury verdict against Philip Morris USA, Inc. in an Engle-progeny case. The court found sufficient evidence that the decedent detrimentally relied on misleading advertisements for "low-tar" cigarettes, which contributed to his smoking, cancer, and de
• Rudman v. Numismatic Guar. Corp. of Am.
  298 So. 3d 1212· Fla. 3d DCA· 2020-02-12 ·cited 5×
  The appellate court reversed a lower court's order that transferred a case based on a forum selection clause. The court found the clause to be permissive, not mandatory, meaning it did not require the lawsuit to be filed exclusively in Sarasota County.
• Mdvip, Inc. v. Beber
  222 So. 3d 555· Fla. 4th DCA· 2017-05-31 ·cited 5×
  MDVIP, a concierge medicine provider, was sued for fraud and vicarious liability arising from alleged medical malpractice by an affiliated physician, Dr. Metzger, that resulted in a patient's leg amputation. The appellate court reversed the fraud verdict and the directed verdicts
• Amendment to the Rules Regulating the Florida Bar
  875 So. 2d 448· Fla.· 2004-05-20 ·cited 4×
  The Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar, addressing numerous procedural and substantive changes to disciplinary rules, fee regulations, trust accounts, advertising standards, and specialized practice certifications. The amendments refl
• Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc.
  915 F. Supp. 360· S.D. Fla.· 1996-02-01 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to support its Lanham Act false advertising claims regarding various advertisements, and therefore summary judgment was granted for the defendants on these claims.
• Hyatt Legal Servs. v. Ruppitz
  620 So. 2d 1134· Fla. 2d DCA· 1993-07-02 ·cited 4×
  Hyatt Legal Services appealed a judgment awarding damages to Robert Ruppitz based on Ruppitz's assignment of attorney Albert Marshall's claim for breach of Hyatt's malpractice protection agreement. The court affirmed, holding that Hyatt's informal self-insurance arrangement creat
• THE Florida BAR v. Budish
  421 So. 2d 501· Fla.· 1982-10-28 ·cited 4×
  The Florida Supreme Court disciplined attorney Robert P. Budish for publishing false and misleading advertisements regarding legal fees and for employing a non-lawyer as president of his legal clinic. The Court rejected the referee's recommendation of a private reprimand and prob
• Rifkin v. The Fla. Real Est. Comm'n & Floyd M. Stevens
  345 So. 2d 349· Fla. 4th DCA· 1977-04-01 ·cited 4×
  The Florida Real Estate Commission found that real estate brokers violated state law by engaging in misleading advertising without being convicted of any crime. The District Court of Appeal reversed, holding that the Commission cannot find a violation of the statute prohibiting c
• Mohr v. Fed. Trade Comm'n
  272 F.2d 401· 9th Cir.· 1959-11-16 ·cited 4×
  The Federal Trade Commission has the authority to reopen and modify a cease and desist order if it determines that doing so is required by the public interest, even if the original order was ambiguous or the time for review has passed.
• Deer Valley Realty, Inc. v. SB Hotel Assocs. LLC
  190 So. 3d 203· Fla. 4th DCA· 2016-04-27 ·cited 3×
  Deer Valley Realty appealed a judgment for defendants in a failed Trump hotel condominium investment dispute, challenging evidentiary rulings, a directed verdict, and an attorney's fees award. The court affirmed the underlying judgment and cost award but reversed the attorney's f
• Curcio v. State of Fla. Dep't OF the Lottery
  164 So. 3d 750· Fla. 1st DCA· 2015-05-27 ·cited 3×
  Anna Maria Curcio sought to collect a $500,000 lottery prize on a scratch-off ticket purchased by her husband, but the Florida Lottery refused to pay because the ticket was a misprint. The court affirmed summary judgment for the Lottery, holding that the ticket was not a valid wi
• Black Diamond Props., Inc. v. Haines
  69 So. 3d 1090· Fla. 5th DCA· 2011-09-23 ·cited 3×
  Black Diamond Properties and related defendants appealed a jury verdict awarding damages for false and misleading advertising under Florida's statutory fraud statute to purchasers of golf club memberships. The Fifth District Court of Appeal reversed the judgment as to most plaint
• Black Diamond Props., Inc. v. Haines
  90 So. 3d 851· Fla. 5th DCA· 2012-05-25 ·cited 2×
• State v. Curcio
  71 So. 3d 931· Fla. 1st DCA· 2011-10-12 ·cited 2×
  The court granted certiorari to review a discovery order, quashing it as overbroad because sovereign immunity defenses must be resolved first.
• Borgner v. Cook
  33 F. Supp. 2d 1327· N.D. Fla.· 1998-07-16 ·cited 2×
  The court held that Florida Statute § 466.0282 is unconstitutional as applied to Dr. Borgner's advertising of his membership and credentials from non-ADA-recognized organizations, because the state failed to provide sufficient evidence of actual or substantial harm to justify the
• Bertram F. Gould v. Div. of Fla. Land Sales & Condos.
  477 So. 2d 612· Fla. 1st DCA· 1985-09-17 ·cited 2×
  Gould appealed administrative penalties imposed by Florida's Division of Land Sales and Condominiums for violations of Chapter 498 involving the sale and lease of lots in a mobile home subdivision. The court affirmed findings of false advertising and unregistered disposition viol
• Nelson v. State
  441 So. 2d 659· Fla. 4th DCA· 1983-10-12 ·cited 2×
• Fisher v. Schumacher
  72 So. 2d 804· Fla.· 1954-05-07 ·cited 2×
  Registered optometrists challenged seven rules promulgated by the Florida State Board of Optometry governing advertising and professional conduct as ultra vires. The Florida Supreme Court upheld the rules as valid exercises of the Board's broad statutory authority to make rules a
• Edward P. Paul & Co., Inc. v. Fed. Trade Comm'n
  169 F.2d 294· D.C. Cir.· 1948-05-10 ·cited 2×
  The court held that the Federal Trade Commission's finding was arbitrary, capricious, absurd, and ridiculous.
• THE Florida BAR v. Doane
  43 So. 3d 640· Fla.· 2010-05-20 ·cited 1×
  The dissenting opinion argues that a lawyer should not be sanctioned for using the trade name 'Legal Experts' because his board certification was clearly displayed alongside the trade name, negating any potential for misleading the public.
• Star-Brite Distrib., Inc. v. Kop-Coat, Inc.
  664 F. Supp. 2d 1246· S.D. Fla.· 2009-10-22 ·cited 1×
  The court granted a preliminary injunction against defendant's comparative advertising because the ads were misleading, even if not literally false, and likely to deceive consumers.
• Prohias v. Pfizer, Inc.
  490 F. Supp. 2d 1228· S.D. Fla.· 2007-05-29 ·cited 1×
  The court granted in part and denied in part Pfizer's motion to dismiss, allowing claims based on pre-July 2004 advertising but dismissing claims based on post-July 2004 advertising and all unjust enrichment claims.
• Kraft Gen. Foods, Inc. v. Rosenblum
  635 So. 2d 106· Fla. 4th DCA· 1994-04-06 ·cited 1×
  Kraft General Foods petitioned for certiorari to prevent a plaintiff from pleading punitive damages claims without prior court authorization. The court held that Florida Statute § 768.72 requires claimants to obtain prior judicial approval before pleading punitive damages, even i
• Ahmad Izadi v. MacHado (GUS) Ford, Inc.
  550 So. 2d 1135· Fla. 3d DCA· 1989-08-01 ·cited 1×
  A car dealership advertised a $3,000 trade-in allowance prominently but buried qualifying language in tiny print limiting it to specific vehicle models. When a customer attempted to purchase a Ford Ranger using the prominently displayed offer, the dealership refused. The court he
• King v. Gandolfo
  714 F. Supp. 1180· M.D. Fla.· 1989-06-06 ·cited 1×
  The court held that the 10b-5 claim was time-barred, but the civil RICO, Florida RICO, and common law claims could proceed.
• THE Florida BAR v. Kaiser
  397 So. 2d 1132· Fla.· 1981-04-30 ·cited 1×
  The Florida Bar charged Gerald Kaiser, a New York attorney with a Florida office, with the unauthorized practice of law for misleading advertisements. The referee found Kaiser guilty, enjoined his advertising, and imposed a fine and costs.
• Novo Nordisk A/S v. Infinity Med. Inst., LLC
  M.D. Fla.· 2025-12-23
  The court held that a default judgment is appropriate because the defendant's advertisements were misleading and caused consumer deception, material injury, and harm to the plaintiff's reputation.
• Akai Custom Guns, LLC v. KKM Precision, Inc.
  S.D. Fla.· 2025-08-29
  In AKAI Custom Guns, LLC v. KKM Precision, Inc., a dispute over the quality of pistol barrels that KKM manufactured and sold, KKM prevailed on summary judgment and at trial on all remaining claims brought by Akai and Horowitz, including misleading advertising, violations of Flori
• Green Path Tech LLC v. Cyberfuels Inc
  S.D. Fla.· 2025-07-23
  A mandatory forum selection clause in a contract is enforceable via a motion to transfer under 28 U.S.C. § 1404(a), and the plaintiff bears the burden of showing that transfer is unwarranted.
• Robinson v. 3M Co.
  M.D. Fla.· 2025-07-23
  Robinson sued 3M for injuries allegedly caused by using the Bair Hugger forced-air warming device during her knee surgery in May 2021, claiming the device contaminated her surgical wound and caused a bacterial infection requiring additional surgeries. The district court denied 3M
• Aragon v. NCL (Bahamas) Ltd.
  S.D. Fla.· 2025-07-10
  A cruise ship passenger injured at a waterpark in the Bahamas that was promoted by Norwegian Cruise Line while he was aboard the vessel sued the cruise line and waterpark operator in federal court in Florida. The magistrate judge recommended granting in part and denying in part t
• Burton v. Carnival Corp.
  S.D. Fla.· 2024-08-15
  A passenger died during a snorkeling excursion operated by Carnival Corporation and Cruise Ship Excursions Inc., and his estate sued for misleading advertising, negligent misrepresentation, and various negligence claims arising from allegedly dangerous conditions including strong