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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 is not an illegal form of false advertising, and may be seen as a humorous way to attract consumer attention. [29] Puffing may be used as a defense against charges of deceptive advertising when it is formatted as opinion rather than fact. [30] Omitted, or incomplete, information is characteristic of puffery. [31]
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 ...
"Such deceptive conduct and practices mean that [Red Bull's] advertising and marketing is not just 'puffery,' but is instead deceptive and fraudulent and is therefore actionable," said the suit.
The suit was one of several false advertising lawsuits filed recently against fast food companies by New York attorney James Kelly. A message seeking comment from Kelly was left Tuesday by The ...
Goldman is facing a class action lawsuit alleging it made false claims that: It is "dedicated to complying fully with the letter and spirit of the laws, rules, and ethical principles that govern ...
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 ...
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.