What is puffery?

Answer:
Puffery is a legal term that refers to certain

statements made in advertising or product promotions. The term refers to subjective statements that are not intended to be taken literally. For example, if a pizza parlor advertises “The Best Pizza in the Universe,” they are obviously exaggerating, and no one in their right mind would expect that to be literally true. The same would apply to “The World’s Most Exciting Roller Coaster.”

The tricky aspect to puffery is drawing the line between the hyperbole of puffery and plain false advertising. For example, if a food product is advertised as being healthier than other, similar products, the FDA may require proof to back up this claim. In addition, if a company advertises something as being cheaper or safer than similar products, the US government may require these claims to be proven as well.

Part of the differentiation between puffery and false advertising is common sense. If a heartburn medication is advertised with a cartoon showing a fire extinguisher putting out a fire, for example, consumers know that the point of the advertisement is that they are promised relief from heartburn, not that firefighters will literally show up with fire extinguishers. However, if a soda claims to be healthy because it contains vitamins, it is not simply puffery. Some consumers may be confused by this and genuinely believe that drinking soda contributes to their health.