Legal Definitions - puffery

Puffery refers to promotional statements or claims that are highly exaggerated, subjective, or vague, and which a reasonable person would not take as factual representations. These statements are often used in advertising or sales to praise a product or service in a general way, without making specific, verifiable claims. Because they are considered mere expressions of opinion rather than factual assertions, they typically do not create legal liability for misrepresentation or false advertising.

Here are some examples to illustrate puffery:

• Imagine a new energy drink commercial that declares, "This drink will give you the most incredible burst of energy you've ever felt!" The phrase "most incredible burst of energy" is a subjective and exaggerated claim. A reasonable consumer would understand this as a promotional flourish intended to convey excitement and effectiveness, rather than a scientifically measurable or guaranteed outcome. If a consumer drinks it and feels only a moderate energy boost, they typically cannot sue for false advertising because the claim is understood as puffery, not a factual promise.

• Consider a real estate agent showing a house and stating, "This backyard is truly an oasis, the most beautiful outdoor space in the entire county!" The terms "truly an oasis" and "most beautiful outdoor space" are subjective opinions about aesthetic appeal. Beauty is in the eye of the beher, and what one person considers an oasis, another might not. A potential buyer would reasonably interpret this as the agent's enthusiastic opinion to highlight the property's positive aspects, not a verifiable fact that could be disproven by comparing it to every other backyard in the county.

• A restaurant advertises its signature dish as, "Our pasta is so delicious, it will transport your taste buds to culinary heaven!" The idea of being "transported to culinary heaven" is a hyperbolic and subjective description of taste. While the restaurant aims to convey that its pasta is exceptionally good, no reasonable diner would expect a literal, spiritual journey or a medically verifiable transportation of their taste buds. This is an exaggerated statement of opinion designed to entice customers, falling under the definition of puffery.