Legal Definitions - sales puffery

Sales puffery refers to exaggerated or extravagant statements made by a seller about the quality, features, or benefits of a product or service. These statements are generally understood to be subjective opinions or promotional hype rather than verifiable facts. A reasonable person would not typically rely on such claims as objective truths when making a purchasing decision. Because they are not considered factual representations, statements of sales puffery usually cannot form the basis for a legal claim of misrepresentation or false advertising.

• Imagine a coffee shop advertising its espresso as "the most divine, soul-stirring coffee you will ever taste!"

  This is an example of sales puffery because terms like "divine" and "soul-stirring" are subjective and highly exaggerated descriptions of taste. No reasonable customer would expect the coffee to literally have supernatural qualities or to profoundly alter their spiritual state. It's a marketing statement designed to evoke a positive feeling rather than provide a factual claim about the coffee's ingredients or preparation.

• Consider a furniture store promoting a sofa with the slogan, "Our sofas offer unparalleled comfort that will transport you to a realm of pure bliss!"

  Here, "unparalleled comfort" and "realm of pure bliss" are subjective, hyperbolic statements. While the sofa might be very comfortable, these phrases are not measurable facts about its construction or materials. A customer would not reasonably expect the sofa to literally transport them to another dimension or provide a scientifically quantifiable level of "bliss." It's a marketing flourish intended to make the product sound appealing.

• A software company releases a new app, claiming it will "revolutionize your productivity and make all your work worries vanish instantly!"

  This statement uses strong, positive language like "revolutionize" and "vanish instantly" to describe the app's potential impact. However, these are subjective predictions of user experience and exaggerated benefits. While the app might improve productivity, no reasonable user would expect their worries to literally disappear instantaneously or for the app to single-handedly transform their entire work life without effort. It's a promotional statement designed to generate excitement rather than a guarantee of specific, measurable outcomes.