Distinguish between puffery from statements of fact

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Question: Distinguish between "puffery" ("this car hugs the road like a Ferrari") from statements of fact ("this Mustang accelerates from zero to 60 m.p.h. in 4 seconds"). The former is definitely an opinion that does not orginate a warranty while the latter is capable of empirical testing. If the car cannot reach 60 m.p.h in 4 seconds, the seller has breached an express warranty.

Have you been exposed to examples of either situation in recent advertising? Please cite an example or two. Please, no references to "Red Bull gives you wings." See related story: Red Bull Settles False Advertising Lawsuit

 

Reference no: EM133424192

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