Reference no: EM131675752

Question: Microprocessors are a computer part commonly referred to as the brain of the computer. Intel, a microprocessor manufacturer, introduced the Pentium 4 microprocessor in November 2000. Computers with a Pentium 4 processor were priced, at least initially, at a premium over similarly equipped computers containing a Pentium III processor. However, the actual superiority of the Pentium 4 over the Pentium III processor was in doubt. A class action suit occurred in which consumers alleged that the manufacturer falsely represented that its newest microprocessor was the best and fastest processor on the market. The basic message plaintiffs challenged was at the core of Intel's billion-dollar marketing campaign: "4 is better than 3." "Better" and "best" are used repeatedly in the marketing materials; one expert elaborated that Intel positioned the Pentium 4 as its "best," Pentium III as "better," and Celeron as "good." Suppose it is established that the Pentium 4 was not faster than the Pentium III processor. Were Intel's claims actionable? In other words, were Intel's claims of the processor being better or best deceptive advertising or mere puffery.