100.182 Fraudulent drug advertising.
(1) In this section, “drug" has the meaning specified in s. 450.01 (10).
(2) No person may advertise the availability of any drug or publish or circulate such an advertisement with the intent of selling, increasing the consumption of or generating interest in the drug if the advertisement contains any untrue, deceptive or misleading representations material to the effects of the drug.
(3) No person may expressly or impliedly represent that a substance may be used to obtain physical or psychological effects associated with the use of a drug in order to promote the sale of the substance unless it is lawfully marketed for human consumption under the United States food, drug and cosmetic act under 21 USC 301 to 392. A representation that the substance is not intended for human consumption is not a defense to prosecution for violating this subsection.
(4) No person may advertise a drug that the person knows is intentionally manufactured substantially to resemble a controlled substance or that the person represents to be of a nature, appearance or effect that will allow the recipient to display, sell, deliver, distribute or use the drug as a controlled substance, unless the drug is controlled under ch. 961.
(5)
(a) Any district attorney, after informing the department, or the department may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.
(b) In lieu of instituting or continuing an action under this subsection, the department may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.
History: 1981 c. 90; 1985 a. 146 s. 8; 1995 a. 27, 448.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.01 - Produce wholesalers, unfair conduct, liability for damages.
100.02 - Commission merchants, duties, must account.
100.025 - Classification of dairy heifer calves.
100.04 - Livestock production contracts.
100.05 - Butter and cheese manufacturers; accounts accessible.
100.057 - Wisconsin cheese logotype.
100.07 - Milk payments; audits.
100.14 - Uniform labels and trademarks.
100.15 - Regulation of trading stamps.
100.16 - Selling with pretense of prize; in-pack chance promotion exception.
100.174 - Mail-order sales regulated.
100.175 - Dating service contracts.
100.177 - Fitness center and weight reduction center contracts.
100.178 - Fitness center staff requirements.
100.18 - Fraudulent representations.
100.182 - Fraudulent drug advertising.
100.183 - Fraud, advertising foods.
100.184 - Advertising foods for sale.
100.185 - Fraud, advertising musical performances.
100.186 - Linseed oil, white lead, zinc oxide, turpentine; standards; sale.
100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.
100.19 - Distribution methods and practices.
100.195 - Unfair billing for consumer goods or services.
100.197 - Patent notifications.
100.20 - Methods of competition and trade practices.
100.201 - Unfair trade practices in the dairy industry.
100.202 - Contracts in violation void.
100.203 - Vehicle protection product warranties.
100.205 - Motor vehicle rustproofing warranties.
100.206 - Music royalty collections; fair practices.
100.207 - Telecommunications services.
100.208 - Unfair trade practices in telecommunications.
100.209 - Video programming service subscriber rights.
100.2095 - Labeling of bedding.
100.21 - Substantiation of energy savings or safety claims.
100.22 - Discrimination in purchase of milk prohibited.
100.23 - Contract to market agricultural products; interference prohibited.
100.235 - Unfair trade practices in procurement of vegetable crops.
100.24 - Revocation of corporate authority.
100.261 - Consumer protection surcharge.
100.264 - Violations against elderly or disabled persons.
100.265 - List of gasohol and alternative fuel refueling facilities.
100.27 - Dry cell batteries containing mercury.
100.28 - Sale of cleaning agents and water conditioners containing phosphorus restricted.
100.285 - Reduction of toxics in packaging.
100.29 - Sale of nonrecyclable materials.
100.295 - Labeling of recycled, recyclable or degradable products.
100.297 - Plastic container recycled content.
100.305 - Prohibited selling practices during periods of abnormal economic disruption.
100.307 - Returns during emergency; prohibition.
100.31 - Unfair discrimination in drug pricing.
100.313 - Solicitation of a fee for providing a public record.
100.315 - Solicitation of contract using check or money order.
100.33 - Plastic container labeling.
100.335 - Child's containers containing bisphenol A.
100.36 - Frauds; substitute for butter; advertisement.
100.37 - Hazardous substances act.
100.383 - Antifreeze; bittering required.
100.43 - Packaging standards; poison prevention.
100.44 - Identification and notice of replacement part manufacturer.
100.45 - Mobile air conditioners.
100.46 - Energy consuming products.
100.47 - Sales of farm equipment.
100.48 - Hour meter tampering.
100.50 - Products containing or made with ozone-depleting substances.
100.51 - Motor fuel dealerships.
100.52 - Telephone solicitations.
100.525 - Telephone records; obtaining, selling, or receiving without consent.
100.53 - Vehicle rentals; title and registration fees.
100.54 - Access to credit reports.
100.545 - Security freezes for protected consumers.
100.55 - Furnishing or using certain consumer loan information to make solicitations.
100.57 - Tax preparers; privacy of client information.
100.60 - State renewable fuels goal.
100.65 - Residential contractors.
100.70 - Environmental, occupational health, and safety credentials.