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In law, puffery is usually invoked as a defense argument: it identifies futile speech, typically of a seller, which does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no " reasonable person " would take seriously anyway.
Advertising increasingly invades public spaces, such as schools, which some critics argue is a form of child exploitation. [2] Advertising frequently uses psychological pressure (for example, appealing to feelings of inadequacy) on the intended consumer, which may be harmful.
Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.
A federal judge in New York has dismissed a lawsuit that accused McDonald’s and Wendy’s of misleading consumers with ads that show bigger, juicier burgers than their restaurants actually serve.
Puffery is an exaggerated claim typically found in advertising and publicity announcements, such as "the highest quality at the lowest price", or "always votes in the best interest of all the people". Such statements are unlikely to be true – but cannot be proven false and so, do not violate trade laws, especially as the consumer is expected ...
By Brendan Pierson (Reuters) -Major food companies, including Kraft Heinz, Mondelez and Coca-Cola, were hit with a new lawsuit in the U.S. on Tuesday accusing them of designing and marketing ...
The AMA defines deceptive advertising as "advertising intended to mislead consumers by falsely making claims, by failure to make full disclosure, or by both". [ 3 ] The Federal Trade Commission Act defines an act or practice as deceptive "if there is a material misrepresentation or omission of information that is likely to mislead the consumer ...
The legal concept of puffery was first expressed by a U.K. appeals court in 1892 in a case involving the maker of a quack medicine "smoke ball" that promised to prevent the flu, and who offered a ...