Chapter ATCP 113

Chapter ATCP 113

GASOLINE ADVERTISING

ATCP 113.01   Prohibited trade practices; gasoline.

Ch. ATCP 113 Note Note: Chapter Ag 113 was renumbered chapter ATCP 113 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 113 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys’ fees.

ATCP 113.01 ATCP 113.01 Prohibited trade practices; gasoline. All persons, firms and corporations, their offices, representatives, agents and employees, in advertising relating to the business of selling gasoline for use in motor cars, shall cease and desist from using any methods of competition and trade practices that mislead or tend to mislead prospective purchasers of such gasoline, and particularly the following:

ATCP 113.01(1) (1) To state or otherwise represent that the gasoline has a specified octane value or rating when such value or rating has been determined by a test method other than one which is authorized under ch. ATCP 94.

ATCP 113.01(2) (2) To use any statement, design or device which may induce prospective purchasers to believe that such gasoline is aviation gasoline when the product is not suitable for aviation use.

ATCP 113.01(3) (3) To use any statement, design or device which may induce prospective purchasers to believe that such gasoline is of greater value for motor car use because it contains high octane value components without clearly stating the octane value or rating for the total product advertised, as determined by a method authorized under ch. ATCP 94.

ATCP 113.01 History History: 1-2-56; CR 06-028: am. (1) and (3) Register November 2006 No. 611, eff. 12-1-06; CR 13-043: am. (1), (3) Register February 2014 No. 698, eff. 5-1-14; corrections in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698.