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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.
The Fair Packaging and Labeling Act required all "consumer commodities" to have a label. Under the act, consumer commodities were defined as any food, drug, device, or cosmetic, that is produced or distributed for sale through retails sales/agencies for consumption by individuals or used by individuals for the purpose of personal care.
The United States federal government regulates advertising through the Federal Trade Commission [49] (FTC) with truth-in-advertising laws [50] and enables private litigation through a number of laws, most significantly the Lanham Act (trademark and unfair competition). Specifically, under Section 43(a), false advertising is an actionable civil ...
The article Goldman Sachs Calls Its Ethical Pledges "Mere Puffery" originally appeared on Fool.com. Fool contributor M. Joy Hayes, Ph.D. is the principal at ethics consulting firm Courageous Ethics .
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 ...
Advertising restrictions typically shift advertising spending to unrestricted media. Banned on television, ads move to print; banned in all conventional media, ads shift to sponsorships; banned as in-store advertising and packaging, advertising shifts to shill (undisclosed) marketing reps, sponsored online content, viral marketing, and other stealth marketing techniques.
Facing a lot of pressure from health industries and laws, such as the Children's Food and Beverage Advertising initiative, food marketers were forced to tweak and limit their advertising strategies. Despite regulations, a 2009 report shows that three quarters of all food advertising during children's television programs were outside of the law ...
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 ...