Labour took down the advert but a judge says he would not have granted the injunction.
The Conservative candidate in the Tamworth by-election failed in a High Court bid to get an injunction against a Labour campaign advert.
During proceedings Labour said they had taken the advert down, although the judge said he would not have backed the Conservative case.It follows the resignation of former Conservative MP Chris Pincher. The advert was placed on Facebook and Instagram by the West Midlands Labour Party on 24 September and remained online for several days.
Mr Justice Jay said he agreed with the Conservatives' arguments that the claim made in the advert was "prima facie false".
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