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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 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 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 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.
The claim: Texas declared bringing a pride flag to classrooms is a crime. A Sept. 15 Threads post (direct link, archive link) includes side-by-side images of students wearing “Texas State” T ...
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 ...
BBB National Programs, an independent non-profit organization that oversees more than a dozen national industry self-regulation programs that provide third-party accountability and dispute resolution services to companies, including outside and in-house counsel, consumers, and others in arenas such as privacy, advertising, data collection, child-directed marketing, and more.