Puffery refers to exaggerated or extravagant claims made in advertising or promotional material that are not intended to be taken literally, and can involve the use of subjective statements or opinions that are not verifiable or measurable, often used to enhance the appeal or desirability of a product, service, or business. Puffery refers to exaggerated or extravagant claims made in advertising or promotional material that are not intended to be taken literally. Puffery is generally understood to be a legal advertising practice as long as it does not cross the line into making false or misleading claims about a product’s attributes, performance, or benefits that could deceive or harm consumers.
Puffery may be used as a defense to a warranty or fraud claim, to assert that the plaintiff should not have relied on the statements at issue. The difference between a statement of fact – which is objective/measurable and requires substantiation – and mere puffery – which cannot constitute false advertising – “rests in the specificity or generality of the claim.” Phoenix Payment Solutions, Inc. v. Towner, 2009 U.S. Dist. LEXIS 91978 (D. Ariz. Oct. 2, 2009).
Courts generally consider puffery to include vague, subjective claims such as “the best coffee in the world” or “unmatched quality,” which are unlikely to mislead a reasonable consumer. However, if an advertisement makes specific, measurable claims—such as “reduces wrinkles by 50% in two weeks”—it may be subject to scrutiny under false advertising laws. The Federal Trade Commission (FTC) and other regulatory bodies evaluate advertising claims on a case-by-case basis to determine whether they constitute deceptive or misleading representations rather than mere puffery.
If a statement is deemed to be puffery, it is generally not actionable in false advertising or consumer protection claims because it is considered opinion rather than fact. However, businesses must be cautious, as overly exaggerated claims that imply specific, verifiable benefits may still be challenged under consumer protection laws.