Puffery
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cigarillos, promising to "stop the most violent attacks of asthma, nervous cough, colds, extinction of voice, facial neuralgia and insomnia, and to combat all laryngeal and respiratory ailments." Puffery is undue or exaggerated praise. Puffery serves to "puff up" what is being described. In law, puffery is usually invoked as a defense argument: it identifies general praising speech, typically produced by a seller, which is not expected to be relied upon and does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no "reasonable person" would take seriously.
cigarillos, promising to "stop the most violent attacks of asthma, nervous cough, colds, extinction of voice, facial neuralgia and insomnia, and to combat all laryngeal and respiratory ailments."]] Puffery is undue or exaggerated praise. Puffery serves to "puff up" what is being described. In law, puffery is usually invoked as a defense argument: it identifies general praising speech, typically produced by a seller, which is not expected to be relied upon and does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no "reasonable person" would take seriously.
References
Boudreaux, Donald J. (1995). Puffery" in Advertising. Free Market, September 1995 Volume 13, Number 9. Preston, Ivan L. (1996). The Great American Blow-Up: Puffery in Advertising and Selling. University of Wisconsin Press. Hoffman, David A. (2006). "The Best Puffery Article Ever". Iowa Law Review, Vol. 91, 2006. DeFrancis, Victor F. (2004). . FTC Consumer Protection Update, Fall 2004. "Federal Trade Commission Policy Statement on Deception", 103 F.T.C. 174 (1984), appended to Cliffdale Assoc. Inc., 103 F.T.C. 110 (1984).
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