Consumer Law at Your Fingertips

Health & Personal Care

Health Advertising & Sales Claims

• Wisconsin Statutes section 100.18 broadly prohibits advertising and sales claims that are “untrue, deceptive or misleading.” This law applies to oral, written, electronic and broadcast claims. The law applies to, among other things, the advertising of drugs, health care products, health care and other personal services. Violators may be prosecuted, and there is a private remedy for consumers. For more information, see Consumer Law topic, Advertising and Sales Claims.

• Wisconsin Statutes section 100.182 regulates the advertising and sale of drugs. This law:
  
  
  • Prohibits drug advertising and sales claims that are “untrue, deceptive or misleading.”
  • Prohibits claims that a substance has drug-like physical or psychological effects unless the substance is lawfully marketed for human consumption under the federal Food, Drug and Cosmetic Act, 21 U.S. Code 301 to 392.
  • Prohibits the advertisement of drugs intentionally made to resemble controlled substances unless the drugs are controlled under Wisconsin Statutes chapter 961.
  • Provides for court injunctions against law violators. There is a civil forfeiture penalty of to $10,000 for each violation of a court injunction (see Wisconsin Statutes section 100.26(6). A person who violates the law may also be fined up to $5,000 or imprisoned up to 2 years for each violation, regardless of whether a court has previously issued an injunction (see Wisconsin Statutes section 100.26(7).