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Can I advertise my products or services without violating truth-in-advertising laws in Wisconsin? What are the requirements?

Truth-in-Advertising Laws in Wisconsin

Wisconsin has several truth-in-advertising laws that prohibit false, misleading, or deceptive advertising practices. These laws apply to all merchants, including individuals, corporations, and associations, who advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the sale of goods or services to the public for sale, hire, use, or other distribution [1.1][3.3].

False, Misleading, or Deceptive Advertising

No merchant shall advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the sale of goods or services, including the rates, terms, or conditions for the sale of such goods or services, which is false, misleading, or deceptive, or which omits to state material information with respect to the sale of goods or services that is necessary to make the statements therein not false, misleading, or deceptive [1.1].

Fraudulent Representations

No person, firm, corporation, or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of, or in any wise dispose of any real estate, merchandise, securities, employment, service, or anything offered by such person, firm, corporation, or association, or agent or employee thereof, directly or indirectly, to the public for sale, hire, use, or other distribution, or with intent to induce the public in any manner to enter into any contract or obligation relating to the purchase, sale, hire, use, or lease of any real estate, merchandise, securities, employment, or service, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign, placard, card, label, or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, statement, or representation of any kind to the public relating to such purchase, sale, hire, use, or lease of such real estate, merchandise, securities, service, or employment or to the terms or conditions thereof, which advertisement, announcement, statement, or representation contains any assertion, representation, or statement of fact which is untrue, deceptive, or misleading [3.3].

Fraudulent Drug Advertising

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 [3.1].

Requirements for Advertising in Wisconsin

To comply with Wisconsin’s truth-in-advertising laws, merchants must ensure that their advertisements are not false, misleading, or deceptive, and that they do not omit material information necessary to make the statements therein not false, misleading, or deceptive [1.1]. Merchants must also ensure that their advertisements do not contain any untrue, deceptive, or misleading representations material to the sale of goods or services [3.3][3.1].

Additionally, merchants must clearly state the price or amount that must be paid for any property or services included in a sale, along with any other condition to the receipt of such property or services, if the advertisement or representation does not refer to the price of the property or services as the “regular price” [3.3]. Merchants must also keep a conspicuous sign posted on the outside of their establishment and another conspicuous sign in the salesroom, which sign shall clearly state the name of the association, corporation, or individual who actually owns said merchandise, property, or service which is being offered to the public and not the name of any other person [3.3].

Licensees must also comply with additional advertising requirements, such as disclosing their firm’s name exactly as printed on the license of the licensed individual broker or licensed broker business entity or disclosing a trade name previously filed by the firm with the department, and advertising under the supervision of and in the name of the firm [2.1].

Failure to comply with Wisconsin’s truth-in-advertising laws may result in legal action, including temporary or permanent injunctions, damages, and penalties [3.1][3.3].

Therefore, to advertise products or services in Wisconsin without violating truth-in-advertising laws, merchants must ensure that their advertisements are not false, misleading, or deceptive, and that they do not omit material information necessary to make the statements therein not false, misleading, or deceptive. Additionally, merchants must clearly state the price or amount that must be paid for any property or services included in a sale, along with any other condition to the receipt of such property or services, if the advertisement or representation does not refer to the price of the property or services as the “regular price”. Licensees must also comply with additional advertising requirements, such as disclosing their firm’s name exactly as printed on the license of the licensed individual broker or licensed broker business entity or disclosing a trade name previously filed by the firm with the department, and advertising under the supervision of and in the name of the firm.

Source(s):
Jurisdiction

Wisconsin