Last month, the department, which promotes Florida citrus generically on behalf of the industry, was named as a defendant in a lawsuit brought by five citrus-growing companies that are questioning whether the state's citrus excise tax for generic advertising is constitutional.

Fighting such a costly lawsuit will be a blow to a number of the department's activities. In particular, research into the benefits to growers of generic advertising programmes will now have to be put on hold. 'It is disappointing that the suit has been filed before we have been allowed time to complete the study now underway,' said Florida citrus commissioner Andrew Taylor. 'If we could be allowed to finish this business, it's possible there would be no reason for a legal approach.' And John Alexander, another member of the Florida Citrus Commission, said in an open letter to the industry published in this month's commission newsletter that the lawsuit could divide the industry. 'As a grower I am deeply disappointed that a handful of companies have chosen to create a climate of divisiveness in our industry by filing a lawsuit seeking to have generic advertising declared unconstitutional,' said Alexander. 'This issue is essentially pitting growers against growers at a time when the sustained viability of our industry may largely depend on strengthening grower unity.'