Puffery Law and Legal Definition

Puffery refers to an exaggeration or statement that no reasonable person would take as factual. It often occurs in the context of advertsing and promotional testimonials. Puffery may be used as a defense to a warranty or fraud claim, to assert that the plaintiff shouldn't hsve relied on the stements in issue. Puffing generally is defined as “exaggerated, vague, or loosely optimistic statements about a company that are deemed so immaterial and unworthy of reliance that they cannot serve as the basis for liability. The difference between a statement of fact and mere puffery rests in the specificity or generality of the claim." Phoenix Payment Solutions, Inc. v. Towner, 2009 U.S. Dist. LEXIS 91978 (D. Ariz. Oct. 2, 2009)