Kryl v. Frank Holton & Co.

Fraudulent advertising is prohibited, and no person is permitted, for the purpose of selling merchandise directly or indirectly to the public, to induce the public to purchase by publishing in a newspaper, circular, pamphlet, or poster, an advertisement of anything so offered to the public containing any assertion, representation, or statement of fact which is untrue, deceptive, or misleading.

In sec. 343.413 (1),.Stats., the policy of preventing publication of deceptive advertising is fixed by the legislature. In addition to the statutory prohibition, there is a rule of law which has long…