Advertising Law: Puffery - The Magic Dragon of Advertising Law

When is a claim not a claim? Since the dawn of advertising law, a category of advertising statements has been recognized, by reason of subjectivity, vagueness, exaggeration, or humor, as not communicating a claim that any reasonable person would believe or rely on. The magic of puffery is that it becomes immune from false-advertis­ing challenge and can be dismissed at the pleading stage. But like real dragons, puffery has vulnerabilities. This session is a guide to how to keep the puffery status of ads real instead of mythical.