Ad Watchers: The Best Podcast Episode Ever: What is Puffery?
August 18, 2021
When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis? In this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the questions they ask to determine whether or not a statement is puffery. Later in the episode, they are joined by their colleague Eric Unis to judge the Battle Royale of Puffery: each host presents cases that illustrate various types of this practice. Tune in to hear which of our hosts has the best examples of puffery in the universe!
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims
New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.
National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services
New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”
Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims
McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube.
National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil
New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...