They would likely raise a "mere puffery" defense. Our legal system recognizes that in the course of business people will inevitably lie. At least a little. And

They would likely raise a "mere puffery" defense. Our legal system recognizes that in the course of business people will inevitably lie. At least a little. And so puffery, as a matter of law, is immaterial. The puffery doctrine is quite controversial in some academic circles. Though I'm not sure it's litigated much anymore as a practical matter? At least not when it comes to civil suits alleging securities fraud. Edit- It seems it will be (at least part of) Elizabeth Holmes' defense: https://www.bloomberg.com/opinion/articles/2021-05-06/elizabeth-holmes-will-use-a-puffery-defense-could-it-work https://www.bloomberg.com/opinion/articles/2021-05-06/elizab...