The levy, which is used by the Florida Department of Citrus to fund generic and brand-name advertising for orange and grapefruit products, is in violation of freedom of speech the growers allege. They say the advertising does not benefit them but brand-owners and retailers. Growers are hoping the Leon County Circuit Court will 'strike down' the tax and refund their portion paid over the last three years.

If the court rules in favour of the growers, it could open the floodgates for other disgruntled producers to seek repayment of their contribution and potentially harm the department's promotional efforts.

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