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> This would be like saying Walmart are committing fraud when it turns out their ham is not “finest quality”. Just to be pedantic, without disputing your broad
by spiffytech 4y ago
> This would be like saying Walmart are committing fraud when it turns out their ham is not “finest quality”.
Just to be pedantic, without disputing your broader point about what customers should expect:
Phrases like "finest quality" are known in marketing as "puffery" and companies aren't liable for these claims. From a quick search, specific factual claims like "unlimited 1Gbps" might be held to a different standard, depending on whether "no reasonable person" would take the claim seriously.
> The Second Circuit explained, "Puffery is an exaggeration or overstatement expressed in broad, vague, and commendatory language. Such sales talk is considered to be offered and understood as an expression of the seller's opinion only, which is to be discounted as such by the buyer."
> One type of puffery is a non-specific claim that one product is better than another The Second Circuit explained it as, "a general claim of superiority over comparable products that is so vague that it can be understood as nothing more than a mere expression of opinion."
> Looking at Starbucks's advertising, the court held that statements such as, "Best coffee for the best you," "taste of inspiration," "Starbucks or nothing," and "heart, soul, craft, pride, love; you won't find that in any other cup of coffee" are all puffery. The court wrote, "These statements vaguely assert that Starbucks's coffee is better than its competitors' in a manner best "understood as an expression of the seller's opinion only." They aren't, the court said, specific enough to "misrepresent an inherent quality or characteristic of the defendant's product."
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