Legal Definitions - puffing

Puffing is a term in commercial law that refers to exaggerated or highly complimentary statements made by a seller about a product or service, intended to persuade a potential buyer to make a purchase. These statements are typically subjective opinions rather than verifiable facts.

The law generally considers puffing to be harmless sales talk because a reasonable person would not rely on such obvious exaggerations as factual claims. Unlike fraud, which involves a false statement of fact that a buyer reasonably relies upon to their detriment, puffing involves subjective opinions that are not meant to be taken literally. Because puffing statements are understood as mere salesmanship, they usually do not create legal obligations like warranties, nor do they form the basis for a claim of misrepresentation or fraud. However, if a statement crosses the line from a subjective opinion to a specific, verifiable claim that a buyer could reasonably rely on, it might then be considered a warranty or a misrepresentation.

• Example 1: Car Salesperson's Claim

  Imagine a car salesperson telling a customer, "This sports car is the most exhilarating ride you'll ever experience – it practically flies!" This is an example of puffing because "most exhilarating" and "practically flies" are subjective opinions and obvious exaggerations. A reasonable buyer understands these are not literal, verifiable claims about the car's speed or performance, but rather enthusiastic sales language. The buyer would not reasonably expect the car to literally fly or to be objectively "the most" exhilarating for every person.

• Example 2: Restaurant Advertisement

  Consider a new restaurant's billboard advertisement that declares, "Taste the best pizza on Earth!" This is a classic example of puffing. "The best pizza on Earth" is an extreme, subjective claim that cannot be objectively proven or disproven. No reasonable person would genuinely believe that the restaurant has conducted a global survey to verify this claim, nor would they expect it to be a literal, factual statement about the pizza's quality compared to every other pizza worldwide. It's a marketing slogan designed to attract customers.

• Example 3: Household Cleaning Product

  A television commercial for a household cleaner states, "Our revolutionary formula will make your home sparkle with an unmatched brilliance!" The phrases "unmatched brilliance" and "revolutionary formula" are examples of puffing. While the product aims to clean, these descriptions are subjective, hyperbolic claims about its effectiveness. A consumer would not reasonably interpret "unmatched brilliance" as a scientifically measurable standard that no other product can achieve, but rather as an enthusiastic way to promote the product's cleaning power.