Wisconsin Statutes
Wis. Stat. § 100.183 (2026)
Fraud, advertising foods
✓ current as of July 2026
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100.183(1)(1) No person, firm, corporation or association shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or indirectly to be made, published, disseminated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book notice, handbill, poster, bill, circular or pamphlet, or in any other manner, an advertisement of any sort regarding articles of food, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading.
100.183(2)(2) It shall be unlawful to advertise any dairy or other food product which is of a grade or quality inferior to or less valuable than the usual and ordinary grade established by common understanding or law for such product, or from which a more valuable portion has been removed, without plainly and conspicuously stating that the article advertised is below and inferior to the usual and ordinary grade.
100.183(3)(3) No person, for himself or herself or as an agent, shall advertise at a stated price the sale of turkeys, which have been graded by the U.S. department of agriculture, unless the federal grade is set forth in such advertisement in not less than 10-point type.
100.183 AnnotationWhen the statutory background of this section and s. 100.18 is considered, it becomes clear that the legislature does not intend “merchandise” in s. 100.18 to include articles of food. The only sanction for violating this section is the criminal penalty specified in s. 100.26 (1) while s. 100.18 (1) is amenable to only civil remedies and cannot be enforced via a criminal prosecution. Gallego v. Wal-Mart Stores, Inc., 2005 WI App 244, 288 Wis. 2d 229, 707 N.W.2d 539, 04-2533.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2005–2022 · leading case: Gallego v. Wal-Mart Stores, Inc., 2005 WI App 244 (Wis. Ct. App. 2005).
Gallego v. Wal-Mart Stores, Inc., 2005 WI App 244 (Wis. Ct. App. 2005). “18 because a more specific statute, Wis. Stat. § 100.183 , governs misrepresentations in the sale of "articles of food" and § 100.”
Sand v. Hafemann (E.D. Wis. 2019). “20 or advertise any food product within the meaning of Wis. Stat. § 100.183 . These claims will therefore be dismissed as well.”
Sand v. Hafemann (E.D. Wis. 2022). “20 or advertise any food product within the meaning of Wis. Stat. §100.183 . And, even on the merits, Sand’s fraud claim, which is premised on Aramark improperly labeling his food kosher, would fail.”
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