Topic
Puffery
37 published works
Inside Class Actions
District of Delaware Magistrate Finds Dating App Misrepresentation Claims Non-Actionable
In a putative class action in the District of Delaware against Match Group, Inc., a magistrate judge has recommended that a motion to dismiss be granted based on finding that…
Inside Class Actions
Second Circuit Reiterates When Puffery Claims Can Be Dismissed at the Pleadings Stage
The Second Circuit recently revived a plaintiff’s false advertising claims under New York’s General Business Law (“GBL”), concluding that whether the particular statements at issue were non-actionable puffery requires a…
Ad Law Access
NAD’s Molson Coors Decision: The Watering Down of the Objective Claim Standard
By John E. Villafranco, Gonzalo E. Mon, Jennifer Fried
Last week, NAD released a decision in a case involving a Molson Coors ad that has received more press attention than any NAD decision in recent memory. In the ad,…
California Corporate & Securities Law Blog
What's Misleading About "Leading"?
In this post yesterday, John Jenkins took aim at issuer's that characterize themselves as "leading". He notes that the SEC Staff has and continues to comment on such characterizations. I…
ContractsProf Blog
Anat Rosenberg and the History of Puffery
Anat Rosenberg (left) has published Legal Ridicule in the Age of Advertisement: Puffery, Quackery, and the Mass Market in the American Journal of Legal History. Her article makes two unique contributions. …
Ad Law Access
NAD Finds That Humor Doesn’t Always Indicate Puffery
The American Association of Orthodontists ran a series of social media ads for Happy Mouth Now, a fictional teledentistry company, which showed consumers struggling with the company’s products. The ads…
Data Counsel
Podcast: AD-ttorneys@law: False Advertising or Just Puffing?
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with…
AD-ttorneys Law Blog
Podcast: AD-ttorneys@law: False Advertising or Just Puffing?
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with…
Ad Law Access
NAD Considers Context in Puffery Argument
Stokely-Van Camp (or “SVC”), the makers of Gatorade, recently challenged claims made by BodyArmor about its SuperDrink and Lyte sports drinks, including banners with the following text: The only sports…
AD-ttorneys Law Blog
Butt isn’t it just puffery if it is funny?
By Amy Ralph Mudge, Randal M. Shaheen
We’ve said it before, and we’ll say it again: NAD does not have a great sense of humor when it comes to false disparagement dressed up in a joke. And…