Is puffery false advertising?

But, there is a thin-line that separates actionable false advertising and permissible “puffery”. While companies and advertisers can be held liable for false advertising, puffery — that is, advertising claims that are not measurable and are therefore not normally relied upon by consumers — is not actionable.

How can you distinguish between false advertising claims and those that are true?

False advertising is when a company says something about its products or services, either in an advertisement or a label, that is outright false. On the other hand, deceptive advertising is when a manufacturer makes statements that may be technically true in some sense, but are likely to deceive a reasonable consumer.

Why is puffery allowed in advertising?

The Federal Trade Commission defines puffery as exaggerations about a product or service, “made for the purpose of attracting buyers,” Legal Match says. In this way, the FTC is nudging consumers into accepting advertising that contains superlatives and even statements of bluster.

Is puffery an opinion?

Puffery is often described as expressive views that no reasonable person could take literally. They are generally opinions that cannot be proven or disproven. For example, calling yourself “the world’s best restaurant” is puffery.

Is puffery legally binding?

Mere puffery is a legal term of art that describes what businesses do when they market their products. For this reason, businesses are given some leeway in their descriptions of the offered products and services, and their statements are generally held out as puffery that does not constitute an enforceable contract.

What’s the difference between puffery and actionable advertising?

Although standards vary by jurisdiction, the hallmark of “puffery” is a statement of product performance or superiority that is subjective and non-quantifiable. A court may determine that advertising is actionable, on the other hand, when the advertisement contains statements or claims that are objectively capable of being proven true or false.

What’s the difference between false advertising and exaggeration?

Red Bull is hugely popular, especially with young males. In one of their advertisements, they boasted that red Bull “gives you wings.” Certainly this statement is beyond belief and is purely puffery. However, on their website, Red Bull also made the claim that their product was “scientifically proven” to improve athletic performance.”

When is a false advertising claim actionable?

False advertising claims are actionable when the advertising or statement at issue is presented as a genuine statement of fact and not “mere puffery.”

Is it legal to use the term puffery?

According to attorney Ken LaMance, writing in Legal Match, statements or terms of puffery are most often subjective opinions, rather than factual representations intended to be taken literally. Puffery uses broad, non-specific claims that can’t be conclusively proven false.