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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.
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 food." [29] Puffing is not an illegal form of false advertising, and may be seen as a humorous way to attract consumer attention. [29]
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.
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.
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.
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 ...