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).