Coca-Cola Bottling Co. of Wisconsin v. La Follette

This appeal concerns the applicability of secs. 100.16 and 945.01, Stats., to Coca-Cola’s “Real Caps” under-the-crown contest. We conclude that the promotion is not proscribed by either statute, reverse that portion of the judgment finding a violation of sec. 100.16, and affirm that portion finding no violation of ch. 945.

The material facts of this case are undisputed, and both parties moved the trial court for summary judgment. See Powalka v. State Mutual Life Assurance Co., 53 Wis. 2d 513, 518, 192 N.W.2d 852, 854 (1972).

Coca-Cola Bottling Company of Wisconsin (Coca-Cola) manufactures and…