Florida Statutes
Fla. Stat. § 817.40 (2025)
False, misleading and deceptive advertising and sales; definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.40 False, misleading and deceptive advertising and sales; definitions.—When construing ss. 817.40, 817.41, 817.43-817.47, and each and every word, phrase or part thereof, where the context will permit:
(1) The word or term “wholesale” or “wholesale sale” shall extend to and include an “at-cost sale,” “below-cost sale,” and terms of similar purport, and embraces all sales purporting to be made at or below the seller’s net delivered cost price, or below the average wholesale cost of the items sold or to be sold, but which are in fact made for a price in excess of the average wholesale of like items.
(2) The word or term “retail” means the sale or offering for sale of individual items of merchandise to the ultimate consumer.
(3) The term or word “retailer” means one who acquires for the purpose of sale, keeps for sale, offers or exposes for sale, or sells individual units of merchandise to the ultimate consumer and not for resale.
(4) The term or word “merchandise” includes goods, wares and merchandise, as generally understood, and in addition thereto services and other things of value.
(5) The phrase “misleading advertising” includes any statements made, or disseminated, in oral, written, electronic, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading, and which are or were so made or disseminated with the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services.
(6) The definitions contained in s. 1.01, insofar as the context of this act will permit, shall be applicable hereto.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1965–2025 · leading case: Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001).
Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001). “Compare § 817.40 with § 817.44. Because the Plaintiffs offer no further argument why the buyers order should constitute advertising under section 817.”
Dennis Godelia v. Zoll Servs., LLC, 881 F.3d 1309 (11th Cir. 2018). “” Fla. Stat. § 817.40 (5). Mr, Godelia points to specific marketing statements he says were false and misleading, noting that ZOLL could not and did not have a factual basis for making those statements.”
Vance v. Ind. Hammock Hunt & Riding Club, Ltd., 403 So. 2d 1367 (Fla. 4th DCA 1981). “40(5) The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise or reasonable care or investigation could or might…”
Joseph v. Liberty Nat. Bank, 873 So. 2d 384 (Fla. 5th DCA 2004). “Section 817.40(5), Florida Statutes (1999), describes misleading advertising in the following terms: The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion…”
Kraft Gen. Foods, Inc. v. Rosenblum, 635 So. 2d 106 (Fla. 4th DCA 1994). “" Section 817.40(5), Florida Statutes (1991), defines "misleading advertising" as follows: "(5) The phrase `misleading advertising' includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any portion thereof,…”
Major v. State, 180 So. 2d 335 (Fla. 1965). “ When construing this act, and each and every word, phrase or part thereof, where the context will permit: * * * The phrase `misleading advertising' includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any…”
Third Party Verification, Inc. v. Signaturelink, Inc., 492 F. Supp. 2d 1314 (M.D. Fla. 2007). “(1997) states: The phrase "misleading advertising” includes any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could…”
MDVIP, Inc. v. Beber, 222 So. 3d 555 (Fla. 4th DCA 2017). “ld or might have been ascertained, to be untrue or misleading, and which are or were so made or disseminated with the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or…”
State v. Mark Marks, Pa, 654 So. 2d 1184 (Fla. 4th DCA 1995). “1965) (one statute (section 817.40) defined *1191 certain terms and the other statute (section 817.”
Transamerica Corp. v. Moniker Online Servs., LLC, 672 F. Supp. 2d 1353 (S.D. Fla. 2009). “151 by all Defendants; Count XI, violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla.”
Robinson v. 3M Co. (M.D. Fla. 2025). “Fla. Stat. § 817.40 (5). To prove a misleading advertising claim, a plaintiff must show that: “(1) the representor made a misrepresentation of a material fact; (2) the representor knew or should have known of the falsity of the statement; (3) the representor intended that the…”
Volinsky v. Lenovo (United States) Inc. (M.D. Fla. 2024). “” A misleading advertisement is “any statement[] made, or disseminated, in oral, written, electronic, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could or might have…”
— 817.40(5) — 7 cases
Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001). “Compare § 817.40 with § 817.44. Because the Plaintiffs offer no further argument why the buyers order should constitute advertising under section 817.”
Vance v. Ind. Hammock Hunt & Riding Club, Ltd., 403 So. 2d 1367 (Fla. 4th DCA 1981). “40(5) The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise or reasonable care or investigation could or might…”
Joseph v. Liberty Nat. Bank, 873 So. 2d 384 (Fla. 5th DCA 2004). “Section 817.40(5), Florida Statutes (1999), describes misleading advertising in the following terms: The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion…”
Kraft Gen. Foods, Inc. v. Rosenblum, 635 So. 2d 106 (Fla. 4th DCA 1994). “" Section 817.40(5), Florida Statutes (1991), defines "misleading advertising" as follows: "(5) The phrase `misleading advertising' includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any portion thereof,…”
Third Party Verification, Inc. v. Signaturelink, Inc., 492 F. Supp. 2d 1314 (M.D. Fla. 2007). “(1997) states: The phrase "misleading advertising” includes any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could…”
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