The Link Between Mel Gibson and the Flower Industry

by Wesley Berry,

Published on this site: August 23rd, 2006 - See more articles from this month

What do Mel Gibson and the flower industry have in common? Legal woes. One July 28, 2006 Mel Gibson was arrested for driving under the influence of alcohol. And, to make matters worse, he landed himself in the public eye for spewing a tirade of anti-Semitic remarks. Although the legal woes of the floral industry aren't quite as dark, they are fraught with tension and resulted in a year's worth of legal proceedings.

On August 23, 2005, FTD filed a complaint against Provide Commerce, Inc., which is the parent company of ProFlowers. According to FTD's marketing manager Emily Peterson, the lawsuit accused Provide Commerce, Inc. of "false and misleading" advertising. The complaint stemmed from ProFlowers advertisements that state their flowers come "direct from the fields" and that they are cutting "flowers from a field on Day One (to) have them in consumers' hands on Day Two or Three." FTD contended that flowers were, in fact, stored in refrigerators and not freshly cut.

Lisa Witek, FTD's vice president stated the claim was filed because, "FTD and our CEO (Mike Soenen) have been monitoring quality and pushing quality on the industry. We reviewed ProFlowers documents and saw that what they promised is not what happened."

The lawsuit asked that ProFlowers no longer be allowed to make false or misleading claims and that they begin a "corrective advertising campaign" as well as compensate FTD for "acts of unfair competition."

Now, a year after the complaint was filed, it has been settled. A statement issued by both sides indicates that neither company admits to the allegations and neither will make any payments to the other side. FTD will also dismiss their trademark action because Provide Commerce has agreed to change its advertising. In addition, both companies will follow other advertising guidelines set forth by December 31, 2006.

While the outcome wasn't earth shaking and the legal proceedings didn't warrant tabloid coverage as did Mel Gibson's legal woes, the outcome of the situation was significant in that it shows floral professionals are committed to both quality and truth in advertising.