Attorney Publication

Feb 20, 2007

This column is the best one you'll ever read!

Click for PDF

These are similar to the descriptions that advertisers use every day to tout the qualities of their products or services. The question is whether these statements are mere "puffery," which does not have to be substantiated, or a product superiority claim, which requires substantiation. Unfortunately, (don't shoot the lawyer) the answer is not always that clear. However, new decisions from federal courts and the National Advertising Division of the Better Business Bureau (NAD) suggest that the scope of what can be considered puffery may be expanding.