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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 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.
Goldman's arguments in this respect are Orwellian. Words such as "honesty," "integrity," and "fair dealing" apparently do not mean what they say; they do not set standards; they are mere shibboleths.
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 Wheeler–Lea Act of 1938 is a United States federal law that amended Section 5 of the Federal Trade Commission Act to proscribe "unfair or deceptive acts or practices" as well as "unfair methods of competition."
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Advertising is a form of selling a product to a certain audience in which communication is intended to persuade an audience to purchase products, ideals or services regardless of whether they want or need them. While advertising can be seen as a way to inform the audience about a certain product or idea it also comes with a cost because the ...