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ARTICLE · 17 APRIL 2019

Is "Favorite" A Claim Or Puffery?

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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Riviana Foods, maker of Ronzoni brand pasta, challenged claims by Goya Foods, maker of Excelsior brand pasta, at NAD.

United StatesMedia, Telecoms, IT, Entertainment

Riviana Foods, maker of Ronzoni brand pasta, challenged claims by Goya Foods, maker of Excelsior brand pasta, at NAD. Goya ran ads on television, in social media, and on-pack, with the statement "La Pasta Favorita De Puerto Rico." Riviana argued that this statement conveys that consumers prefer Excelsior pasta over all other pastas in Puerto Rico. By contrast, Goya argued that the statement is just puffery and not a claim, and cited the 8th circuit case holding that "America's Favorite Pasta" is nonactionable puffery.

NAD agreed with Riviana. Reviewing the overall net impression created by the ads, NAD determined that, by referencing Puerto Rico, Goya had "clearly defined the market in which the preference claim applies," and that nothing in the advertising told consumers that Excelsior is "anything but the preferred pasta brand in Puerto Rico." Indeed, NAD found, the advertising presents "quality" and "variety" as reasons why Excelsior would be Puerto Rico's

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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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