A judge in Florida granted a preliminary injunction against ValvTect Petroleum on Monday, which prevents the further publishing of Star brite comparison ads that were deemed misleading, according to court documents.
The judge concluded that while not literally false, claims in the ads were misleading. Star brite requested the preliminary injunction as part of a false advertising case against ValvTect filed in June.
The court allowed ads that were placed before the injunction to remain in circulation, but directed ValvTect to prevent further publishing of the ads in any form of media.
"We appreciate the strength and clarity of the Court’s findings against the false and misleading advertising by ValvTect," said Star brite CEO Peter Dornau. "This type of false advertising not only hurts Star brite but the entire marine industry by confusing customers about the truth and fiction of Ethanol fuel additives.”
Jerry Nessenson, president of ValvTect, said he was pleased that no claims were found to be false.
“We are pleased that the court did not find any of our advertising claims to be false and no retraction was ordered nor did the court order prevent ValvTect from placing future ads comparing the performance of ValvTect Ethanol Gasoline Treatment and StarTron,” Nessenson said. “... we will certainly comply with the order by modifying future ads to more accurately describe the results of new tests that are currently being run.”
Monday’s action is only a preliminary step in the case, which is set to be heard in March 2010.