When Puffery Claims Become Performance Claims
Review all marketing in context
I love puffery. In advertising, puffery is described as an exaggerated, boastful, or subjective promotional claim about a product or service that a reasonable consumer would not take as a factual, measurable representation requiring substantiation.
Think “World’s best cup of coffee” from the crummy coffee shop in the movie Elf. This changes when the advertising conveys an objective, measurable message that reasonable consumers may understand as factual, such as “voted best coffee in NYC” or “75% of NYC coffee drinkers prefer our coffee.”
In this National Advertising (NAD) case, an athletic sports tape supply company had its “World’s Highest Quality” claim challenged by a competitor. This is where it gets interesting. NAD found the claim to be puffery when it appeared on product packaging and point-of-sale displays by itself, without reference to product attributes or competitors. In that context, NAD viewed the claim as an expression of corporate pride.
From NAD case. “The National Advertising Division (NAD) reviewed product packaging and point-of-sale displays where Howies Hockey’s claim “World’s Highest Quality” appears alone, without reference to specific product attributes or competitors. In this context, NAD found that the claim is puffery because the claim is an expression of corporate pride.
NAD also reviewed the company’s other marketing, such as its website, where this slogan appears near product attributes. This tipped the scales from puffery to a performance claim, according to NAD. This example shows where NAD considers the puffery line to be, and it is an important reminder to review all marketing claims in the same context a consumer will see them. Yes, the reasonable consumer takeaway is a checkpoint in marketing compliance.
From NAD case. “NAD also evaluated Howies’ webpages, social media, print advertising, and third-party retail sites where the claim “World’s Highest Quality” appears alongside descriptions of specific product attributes. NAD found that when the claims appear in conjunction with product attributes, it becomes an objective representation regarding the product’s performance for which substantiation is required.”
For those interested in learning more, there is a helpful NAD podcast about puffery worth listening to.
I’ve also written about puffery in WLW. This is a favorite of mine from 2024.
Read the NAD case here.
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