"Puffery" in Advertising

Paper Summary:

This paper describes a process advertisers use called "Puffing," which helps to help build up their particular product. The author cites the FTC and often courts of law, which believe "Puffing" is an exaggeration of the particular qualities of a given product. The paper contends that "Puffing" is not meant to deceive the consumer, but rather to exaggerate the qualities of the product. The paper concludes with the dangers and potential liabilities of using this technique.

From the Paper:

"Often, when companies are found to have participated in false statements of fact, the FTC requires a period of corrective advertising. Typically, these campaigns are designed to contain slogans and advertising materials that clearly note the previous false claim. For example, when Novartis, makers of the back pain remedy Doan's, were found to be participating in false claims by stating their remedy was more effective than other forms of back pain relief, the FTC required the company to place the phrase "Although Doan's is an effective pain reliever, there is no evidence that Doan's is more effective than other pain relievers for back pain" on all advertising messages and packaging (FTC, 1999)."

Sample of Sources Used:

• Burton, S. and Eisenberg, M. (2004). Contract Law: Selected Source Materials. Eagan, MN: West Group.
• Collins, E. L., Moore, R. L., & Farrar, R. T. (1998). Advertising and Public Relations Law. Mahwah, NJ: Lawrence Erlbaum Associates.
• Federal Trade Commission. (1999). Doan's Pills Must Run Corrective Advertising. Retrieved November 21, 2005 from Federal Trade Commission website. Web site: http://www.ftc.gov/opa/1999/05/doans.htm.
• Hoffman, I. (2001). Advertising Slogans: Fact vs. Puffing. Retrieved November 21, 2005 from Ivan Hoffman. Web site: http://www.ivanhoffman.com/slogans2.html.
• Richards, J. L. (1990). Deceptive Advertising: Behavioral Study of a Legal Concept. Hillsdale, NJ: Lawrence Erlbaum Associates.

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