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Is puffery illegal?

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Rikahs:
Puffery is considered an unethical business activity under "truth and accuracy in advertising" but I was wondering whether it would also be considered illegal because isn't it also misleading ?

isaacdelatorre:

--- Quote from: Rikahs on October 18, 2016, 05:21:41 pm ---Puffery is considered an unethical business activity under "truth and accuracy in advertising" but I was wondering whether it would also be considered illegal because isn't it also misleading ?

--- End quote ---

Hey there,

Whilst puffery is considered 'unethical' it is a legal business practice. Since it is basically exaggeration - it can be used as a sales technique but is only considered puffery if it cannot be objectively verified. As such, there is a fine line between puffery and misleading advertising which can result in prosecution and punishment.

If you really want to get further into it, "In 2000, Pizza Hut brought a lawsuit against Papa John's challenging whether Papa John's advertisements were puffery or false advertising. The Fifth Circuit Court of Appeals considered Papa John's ad that stated "Better ingredients. Better Pizza." The court's judgment found that that statement standing alone was not a verifiable fact that would be relied upon by consumers and, therefore, was mere puffery."

Hope this helps :)

Rikahs:
Did you just find that case from a document/notes or did you go research it online?

Nonetheless, YOU'RE A LEGEND!!
Thanks for all the help on the questions, you're gonna absolutely rek business stds.

jamonwindeyer:

--- Quote from: Rikahs on October 18, 2016, 11:29:55 pm ---Did you just find that case from a document/notes or did you go research it online?

Nonetheless, YOU'RE A LEGEND!!
Thanks for all the help on the questions, you're gonna absolutely rek business stds.

--- End quote ---

Isaac is a walking (or at least typing) legend ;)

pughg16:

--- Quote from: isaacdelatorre on October 18, 2016, 09:45:02 pm ---Hey there,

Whilst puffery is considered 'unethical' it is a legal business practice. Since it is basically exaggeration - it can be used as a sales technique but is only considered puffery if it cannot be objectively verified. As such, there is a fine line between puffery and misleading advertising which can result in prosecution and punishment.

If you really want to get further into it, "In 2000, Pizza Hut brought a lawsuit against Papa John's challenging whether Papa John's advertisements were puffery or false advertising. The Fifth Circuit Court of Appeals considered Papa John's ad that stated "Better ingredients. Better Pizza." The court's judgment found that that statement standing alone was not a verifiable fact that would be relied upon by consumers and, therefore, was mere puffery."

Hope this helps :)

--- End quote ---

Could this case also be used for Legal Studies in the consumers elective?

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