What is a mere puffery?
What is a mere puffery?
A statement by a real estate sales agent to a potential purchaser or in advertising may be only sales talk (called “puffery”) or it may actually be a statement of fact. Sales talk is language used that no reasonable person should take literally and rely on.
What are examples of puffery?
Puffery is a statement or claim that is promotional in nature. It’s usually subjective and not to be taken seriously. Examples of these include claiming that one’s product is the “best in the world”, or something completely unbelievable like a product claiming to make you feel like you’re in space.
What does puffery mean in business?
False Advertising. Sales puffery is the use of exaggerated statements that can’t be verified objectively to promote a product or service — like calling an energy drink brand ‘the best.
How does puffery relate to contracts?
In legalese, puffery refers to an expression of opinion by a seller that isn’t made as a representation of fact. It may be a salesperson’s exaggeration about a product’s quality that isn’t a legally enforceable promise.
Why is puffery allowed?
It would surely be a waste of time and money because puffery is perfectly legal, and here’s why: The Federal Trade Commission defines puffery as exaggerations about a product or service, “made for the purpose of attracting buyers,” Legal Match says. Pufferies should not be construed as “creating an express guarantee.”
What is a puffery claim?
In law, puffery is a promotional statement or claim that expresses subjective rather than objective views, which no “reasonable person” would take literally. Puffery serves to “puff up” an exaggerated image of what is being described and is especially featured in testimonials.
Can businesses use 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. However, calling something puffery is easier said than done.
Why is puffery not deceptive?
According to the National Law Review, the biggest distinction when comparing puffery vs. false advertising is that puffery is subjective while false advertising consists of objective statements. Objective statements are statements that can be verified. As such, this subjective statement is mere puffery.
Why do advertisers use puffery?
Puffery is a great way to show off what makes your business stand out, but overstated claims make it hard for customers to believe. These kinds of statements are likely to let your customers down and invite criticism. Puffery can be a good thing when it is tempered and highlights truth in advertising.
Is puffery prohibited?
Puffery is allowed to a degree and is not prohibited by most advertising laws. Generally, a business or seller cannot be held liable for misrepresentation if they issue a statement that amounts to mere puffery or “puffing.” Also, statements of puffery cannot be considered as creating an express guarantee or warranty.
