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ARTICLE · 20 APRIL 2022

Alone, Puffery. Together, A Claim.

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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I often think that figuring out the courts' and NAD's position on whether a particular statement is puffery or a claim is almost a Talmudic exercise: it requires the most careful of parsing...

United StatesMedia, Telecoms, IT, Entertainment

I often think that figuring out the courts' and NAD's position on whether a particular statement is puffery or a claim is almost a Talmudic exercise: it requires the most careful of parsing, with a firm knowledge of precedent.  And the exercise is a supremely important one, at least to advertising lawyers: if a statement is puffery, then no substantiation is needed; if it's a claim, then it is.

NAD's most recent contribution to puffery vs. claim exegesis is its decision in the challenge brought by KIND against its competitor in the snack bar as fuel space, CLIF BAR.  At issue were two statements in Clif Bar's commercial that features athletes, including famous ones, engaging in a variety of active sports, like skateboarding, lacrosse, dancing and weightlifting. The challenged claim “The Ultimate Energy Bar” appears on screen and the voiceover states, “Let's keep moving with the ultimate energy bar purposefully crafted with an optimal blend of protein, fat and carbs t

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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