Advertising, by its nature, is often an exercise in controlled exaggeration, a steady stream of superlatives designed to catch the consumer’s eye. It is no surprise that every brand wants to be the “best.”
Full of Hot Air: Puffery In Advertising Law
This article surveys the contours of puffery across federal and state advertising law, examines where courts and the National Advertising Division (a unit of BBB National Programs, which provides a self-regulatory forum for advertising disputes) have drawn the line, and identifies practical takeaways for practitioners whose clients want to puff — but not too much.
By
Bryan Wolin and Quynh La
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