Puffery - Law & Legal Definition Puffery refers to an exaggeration or statement that no reasonable person would take as factual. It often occurs in the context of advertising and promotional testimonials. Puffery may be used as a defense to a warranty or fraud claim, to assert that the plaintiff shouldnt have relied on the statements in issue. Puffing generally is defined as “exaggerated, vague, or loosely optimistic statements about a company that are deemed so immaterial and unworthy of reliance that they cannot serve as the basis for liability. The difference between a statement of fact and mere puffery rests in the specificity or generality of the claim. Phoenix Payment Solutions, Inc. v. Towner, 2009 U.S. Dist. LEXIS 91978 (D. Ariz. Oct. 2, 2009) Puffery is actually a crime in the insurance industry in NJ. SO, claiming responsibility for the AAA bond rating in Randolph? Puffery. 1600 Wheelchairs? Puffery. Thousands of jobs created, rather than simply hiring existing offices and changing the logo on their business cards (acquiring employees)? Puffery. Claiming to have kept taxes low through his own action while serving as Mayor and Councilperson in Randolph, but lowering property taxes by RAISING SCHOOL and SEWER TAXES, for a net INCREASE? Puffery. Trouble is, in politics, Puffery is not only legal, its COMMON. Speaking of common... ;)
Posted on: Tue, 28 Oct 2014 17:13:17 +0000
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