HEALTH CARE SERVICES, FLORIDA, INC., A FLORIDA CORPORATION, ET AL., APPELLANTS,
v.
ROBERT L. SHEVIN, ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a temporary injunction against health care services company from advertising or selling weight-reducing treatments using unapproved drugs, but narrowed the geographic scope from statewide to Dade County only.
A temporary injunction prohibiting the sale of weight-reducing services using unapproved drugs is proper, but its geographic scope must be limited to the county where the action was brought rather than extending statewide.
[1] The geographic scope of a temporary injunction must be limited to the jurisdiction in which the action was brought rather than extending statewide.
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Join FLexlaw to unlock all legal intelligenceHealth Care Services, Florida, Inc. advertised and sold weight-reducing services and treatments involving HCG and other drugs that had not been approv…
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PER CURIAM.
Respondent-appellants seek review of an order granting temporary injunction whereby appellants are enjoined from advertising or selling any weight reducing service or treatment which involves the use of the drug HCG or any other drug required under the Florida food, drug and cosmetic law to be approved by either the U. S. Food and Drug Administration or the Division of Health of the State of Florida Department of Health and Rehabilitative Services as being both safe and effective for its prescribed and intended use as a weight reducing drug unless and until said drug receives said approval. The order further enjoined appellants from operating their present or any other business in Dade and Broward Counties or in any other county in Florida until appellants obtain the proper county occupational licenses.
After a careful review of the record on appeal, we affirm the order granting temporary injunction in all respects except as to the provision thereof as to the territorial limits which is too broad. See Art Theatre Enterprises, Inc. v. State ex rel. Gerstein, Fla.App. 1972, 260 So. 2d 267 and cases cited therein. Accordingly, we hereby amend the provision of the injunction as to the territorial limits to run within the geographical limits of the jurisdiction in which the action was brought to trial, to wit: Dade County.
Affirmed as modified.
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- ART Theatre Enters., Inc. v. State of Fla. ex rel. Richard E. Gerstein, 260 So. 2d 267 (Fla. 3d DCA 1972)