A circuit court judge last week denied the growers' request to bar the FDOC from collecting the tax that supports its generic advertising programme. The judge also declined to rule last week on another request from the six large growers for a refund of the tax until after a two-week trial beginning on June 2. He also said the FDOC should not spend but hold taxes collected from the growers in an escrow account until the appeal process is complete.

The FDOC has welcomed the judge's decision as 'positive news'.

'We're also pleased that Judge Maloney did not grant the request for a refund,' said Bob Crawford, FDOC executive director. 'Once the judge has officially issued his order in this case, we will proceed immediately with the appeal process. We are confident we will prevail in the higher court.' If necessary, the FDOC will continue to the US Supreme Court, vowed Crawford.