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ARTICLE · 14 DECEMBER 2018

Law School Exam Part 4: Is There A Difference Between "Appealing" And "Beautiful"?

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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NAD cases tell us that determining whether a statement is puffery or a claim requiring substantiation is more art than science

United StatesMedia, Telecoms, IT, Entertainment

NAD cases tell us that determining whether a statement is puffery or a claim requiring substantiation is more art than science.  And whether a statement can be considered puffery "is largely dependent on the reasonable consumer expectations created by the advertising and whether the words and context of the statement would lead consumers to believe that the statement is substantiated by evidence."  

NAD cases also tell us that various factors must be considered in making such an assessment, including: "if the representations concern general matters that cannot be proven; if the statements are distinguishable from representations of specific characteristics that are measurable by research or testing; if descriptive language in the statement is vague or fanciful such that consumers would not expect it to be backed by evidence; and if the statement would be understood as an expression of the brand's opinion."

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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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