Puffery is exaggerated language used to promote a product, often subjective and difficult to prove. Consumers don’t take it seriously, but it can be difficult to distinguish from misleading claims. Companies may be required to include disclaimers to avoid deception.
Puffery is language used in promoting a product which is designed to make the product more attractive with the use of claims which are generally subjective, blustery and difficult to prove. A classic example of a puffery is a sign on a diner proclaiming that it has the best burgers in the world. Most countries have laws that allow companies to use puffery freely, distinguishing mere puffery from actual factual statements that could mislead consumers.
The main distinguishing feature of puffery is that consumers don’t take it seriously. They may consider this when evaluating a product to decide whether or not to buy it, but understand that the complaint is not literal. When batteries claim they “last forever,” for example, consumers understand that batteries will eventually wear out, but that they may have an unusually long life. Similarly, when a consumer buys the “world’s finest” luggage, he knows that the luggage might not be the world’s finest, because that would be difficult to determine.
Some people have suggested that the line between deceptive and misleading claims may be crossed by some companies. When a soda company markets a “healthy” product, for example, lawyers may ask whether consumers should take it to mean that the soda is healthier than comparative products or that the soda is actually good for them. If the claim is difficult, consumers understand that soda is healthier than its competitors, but if it’s a misleading claim, they may think soda confers health benefits.
In many regions, companies cannot be prosecuted for puffery and lawyers may have to attack the puffery and have it classified as a misleading claim to prove a case. If a consumer believes that the language associated with a product falls short of the claim, the consumer might argue that he was persuaded by what appeared to be factual claims, while defense attorneys might suggest that a reasonable person would understand that such claims were literally implausible.
People need to be careful of this technique in the language used to promote products, because it can sometimes be difficult to identify puffery, and in some cases, companies may be required to include disclaimers to make sure consumers understand that their claims are hyperbole. A cosmetics manufacturer, for example, can’t say that a facial scrub is like plastic surgery, unless they include a disclaimer stating that the results aren’t comparable to surgery. As a general rule, any subjective claims that would be difficult to verify should be treated as suspicious.
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