Robert N Charette: Puffery

“To the layperson, puffery seems like a license to lie, which, frankly, isn’t totally wrong. A well-known book on torts by William Prosser and W. Page Keeton stated it this way: ‘The puffing rule amounts to a seller’s privilege to lie his head off so long as he says nothing specific, on the theory that no reasonable man would believe him or that no reasonable man would be influenced by such talk.’ In other words, the courts generally see puffery as “an expression of opinion and not a statement of fact.”

—Robert N. Charette.