Dairy Queen of Wisconsin, Inc. v. McDowell

Sec. 97.025 (1), Stats., prohibits the sale, etc., of “any article, product, or compound made wholly or partly out of milk, cream, sweetening ingredient, flavoring, with or without coloring or eggs, which shall be in imitation of ice cream, sherbet, or ices as defined by sec. 97.02.”

*478eThe error we made in construing the above-quoted portion of sec. 97.025 (1), Stats.,,in the original opinion in this case was in assuming that the method and manner of sale determines whether a product is an imitation of ice cream, or not. It was not the intention of the legislature that the method of sale of a…