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Special Report on

Puffery or False Advertising?

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This is a powerhouse blog entry, one of the most important and relevant stories published online in a long time, written in a superior style, and enjoyed by the smartest, most influential minds of our generation. That may not be true but, at the same time, you can't prove it's false, which is what makes the statement puffery , a legal defense with its roots in a ruling from 1957. A store that claimed the "world's lowest price" was challenged, and the advertiser said its slogan was "typical puffing." The FTC agreed and defined puffery as a "term frequently used to denote the exaggerations ...
in the form of an untruthful statement, especially with the intention to deceive others, often with the further intention to maintain a secret or reputation, protect someone's feelings or to avoid a punishment or repercussion for one's actions. To lie is to state something that one knows to be false or that one does not honestly believe to be true with the intention that a person will take it for the truth. A liar is a person who is lying, who has previously lied, or who tends by nature to lie repeatedly - even when not necessary . Lying is typically used to refer to deceptions in oral or written communication. Other ...
IPBiz: Dominos uses "puffery" against Papa Johns
CBS on "The Amazing Race" on 21 Feb 2010 had an ad by Dominos which had the Fifth Circuit Court of Appeals in the background and noted that when Papa John's was confronted on its better ingredients/better pizza ads, it stated that the ad was "puffery." This would be a defense to a false advertising charge. Thus, a defense to false advertising becomes advertising for a competitor. To elaborate a bit on the case, one notes first that the case at the Fifth Circuit Court of Appeals was a Lanham Act complaint by Pizza Hut (not Dominos) against Papa Johns. [ PIZZA HUT, INC. v. PAPA JOHN'S INTERNATIONAL, ... market research, surveys and trends
Most Fraudulent Avenger
The Free Dictionary dotcom defines false advertising as, "Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities" (Lanham Act, 15 U.S.C.A. § 1125(a)). According to the FTC, which amended its standards to help regulate cigarette labeling, three elements are necessary to show that an advertisement is false or unfair. Today's regulations define three main acts that constitute false advertising: failure to disclose, flawed and insignificant research, and product disparagement. The majority of these regulations are ... market research, surveys and trends


WRF False Advertising Primer
percent. The reasons for the high compliance rate are two-fold: (1) decisions are .... the claim at issue is literally false or false by necessary implication , ... Puffery. Under all false advertising regimes, “puffery” is not actionable. ... without a jury, awarded the class of Illinois residents $10 billion in ... industry trends, business articles and survey research
False Advertising/Consumer Protection: Key Issues And Danger
is a Partner in WRF's Advertising Practice and author of a comprehensive false advertising primer from which this article has been excerpted. He can be reached at (202)719-4989. The number of false advertising lawsuits, particularly state consumer protection class actions, is climbing dramatically, along with the dollar amounts being awarded in these cases. The potential financial impact of this development on advertisers is enormous. Just months ago, in Price v. Philip Morris , an Illinois trial court awarded $10 billion in damages (based on prices paid by consumers for the product) when it found "the term [Marlboro] ... industry trends, business articles and survey research
Politics and media in turmoil
When the issue of fake degrees of elected representatives cropped up and the names of the culprits and their photographs started appearing on TV screens and in newspaper pages, a storm of protest rose from the affected Members of Parliament and provincial Assemblies to safeguard their self-respect, honor and dignity which were now in tatters in front of their children, their families and friends. The highly respected Members of Parliament and Provincial Assemblies which were part of the legislative arm of the government suddenly looked at by their families and colleagues as cheats and liars. To tell the truth this is a great ... market trends, news research and surveys resources


Intellectual Property: Emerging Issues In False Advertising
Mar 21, 2006 ... When a slogan that is puffery appears in advertising comparing ... fair business practices acts and/or false advertising statutes or ... technology research, surveys study and trend statistics
Remembrance of Things Pasta: The Eighth Circuit Addresses Puffery ...... standard for establishing a false or deceptively misleading advertising claim ... technology research, surveys study and trend statistics
Deceptive Advertising and Puffery - The University of Georgia
This is a subjective claim that cannot be proven true or false. As a result, it is classified as puffery. Deceptive advertising, on the other hand is used ...
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WikiAnswers - What is Puffery in advertising
This is biased information, but recognized and accepted by industry, regulators and consumers. the legitimate exaggeration of advertising claims to overcome natural consumer scepticism.its done to make your product look better than that of the competition. puff·er·y (pŭf ' ə-rē) n. Flattering, often exaggerated praise and publicity, especially when used for promotional purposes. above retrieved from Viper1 First answer by Viper1usmc . Last edit by Kulikuli . Contributor trust : 1 [ recommend contributor ]. Question popularity : 18 [ recommend question ]. Can you answer these
Can Red Bull be sued for false advertising? - Yahoo! Answers
No. That type of claim is called "puffery." Legally, there's no false advertising claim because with puffery it's expected that any reasonable person would not expect the claim to be true. In addition, a private individual can almost never win a false advertising claim--but competing manufacturers sometimes can. 3 years ago Member since: December 26, 2007 Total points: 6877 (Level 5) how do you know it doesnt? you just havnt drunk enough of it yet. 3 years ago Member since: December 19, 2007 Total points: 16078 (Level 6) No, they can't. It's a good question. However, legally, false ...