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In colloquial language, puffery refers to exaggerated or false praise. [1] Puffery serves to "puff up" what is being described. 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.
Puffing (or puffery) is exaggerating a product's worth with meaningless or unsubstantiated terms, language based on opinion rather than fact, [27] or the manipulation of data. [28] Examples include superlatives such as "greatest of all time," "best in town," and "out of this world," or a restaurant's claim that it had "the world's best-tasting ...
An example for this debate is advertising for tobacco or alcohol but also advertising by mail or fliers (clogged mail boxes), advertising on the phone, on the Internet and advertising for children. Various legal restrictions concerning spamming, advertising on mobile phones, when addressing children, tobacco and alcohol have been introduced by ...
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 ...
The American Marketing Association (AMA) defines advertising as: . The placement of announcements and persuasive messages in time or space purchased in any of the mass media by business firms, nonprofit organizations, government agencies, and individuals who seek to inform and/ or persuade members of a particular target market or audience about their products, services, organizations, or ideas.
The consumer protection watchdog group Public Citizen asked the Federal Trade Commission to investigate allegations that Dr. Mehmet Oz violated the FTC’s influencer marketing standards.
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.
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 ...