United States Eleventh Circuit

In a false advertising action based on defendant's release of several advertising statements expressing serious safety concerns regarding the use of wood treated with plaintiff's copper-based wood preservative, an injunction in favor of plaintiff is affirmed in part where: 1) defendant's statements regarding serious safety concerns arguably could be construed as more than general statements of opinion; and 2) the district court did not clearly err in finding that the tests performed did not support defendant's conclusions regarding the safety and efficacy of the preservative. However, the order is vacated in part where the district court abused its discretion by enjoining defendant regarding plaintiff's environmental advertisements because the court neither identified nor analyzed any statements by defendant to that effect.

Appellate Information

• Decided 07/30/2010
• Published 08/02/2010

Judges

• R. Lanier Anderson

Court

• United States Eleventh Circuit

Counsel