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PAPPAS v. SMART HEALTH U.S.A.

No. 4D02-2300.

861 So.2d 84 (2003)

Harry PAPPAS, Appellant, v. SMART HEALTH U.S.A., a foreign corporation, Malibu Medica, a foreign corporation, Fred Buckley and General Nutrition Corporation, a foreign corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 5, 2004.

Attorney(s) appearing for the Case

Gus H. Carratt of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for appellant.

Joseph T. Kissane of Hinshaw & Culbertson, Jacksonville, for appellee General Nutrition Corporation.

KLEIN, J.

Appellant plaintiff sued the appellees for using his picture in an advertisement without his permission. He alleged invasion of privacy and a violation of section 540.08, Florida Statutes (2000), which imposes liability for using a person's name or likeness in a commercial advertisement without consent. The advertisements, which were not prepared or authorized by General Nutrition Corporation (GNC), indicated that the product could be purchased at GNC stores...

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