A “puff” is a statement or assertion made in the promotion of a product, service, person, or idea. Puffing usually involves bragging and exaggeration and is commonly seen in advertising, but it can also appear in all types of marketing and sales settings. How does puffing affect business professionals? The answer may surprise you.
Puffing and the Law
The legal definition of puffery is an opinion or statement that is not objectively verifiable. Generally, puffing is not considered actionable in court because it is too subjective for courts to decide whether a statement is true or false. However, in certain cases, for example, when touching on the safety of a product, businesses must make sure the claims they make are accurate and avoid exaggerating features.
What Does Puffing Look Like in Practice?
In practice, businesses typically avoid making bold, exaggerated claims about their products, as this could potentially lead to legal trouble down the line. Instead, they make more subtle, positive statements that draw attention to the product’s features without outright claiming that the product is superior in any way. For example, a business might advertise a new product by claiming that it is “elegant and sophisticated,” without actually saying that it is the best or most suitable option.
Why Is It Important to Understand Puffing?
For business professionals, understanding puffing is important for staying within the bounds of the law, avoiding legal trouble, and protecting their business’ reputation. By avoiding bold and exaggerated claims, businesses can ensure their advertising is both compliant and effective.