Huffing and puffing?
To huff is ‘to make noise empty threats, to bluster or to inhale the fumes of a volatile chemical or substance as a means of becoming intoxicated’. So, what then is Puffing? It is an opinion or judgment that is not made as a representation of fact. Puffing is generally an expression or exaggeration made by a salesperson or found in an advertisement that concerns the quality of goods or services offered for sale. It presents opinions rather than facts and is usually not considered a legally binding promise. Such statements as ‘this car is in good condition’ and ‘your wife will love this watch’ constitute puffing.
You book a hotel when on holiday that says in its glossy brochure ‘Comfortable beds…like sleeping on a cloud’, only to wake up after your first night with a backache. That ‘Fit for a king breakfast-in-bed’ claim turns out to be a croissant, two slices of badly browned toast, butter. Preserve, a banana and a pot of mildly warm coffee. Congratulations - you have just experienced first-hand what is known as advertising puffery.
Advertising puffery is defined as advertising or promotional material that makes broad exaggerated or boastful statements about a product or service that are subjective (or a matter of opinion), rather than objective (something that is measurable), and that which no reasonable person would presume to be literally true. Puffery does not create any express warranty or guarantee for the consumer.
Sometimes there is a thin line between puffery, which is legal, and false advertising, which is illegal. Let's take a closer look at some examples. It is not uncommon for travel advertising to describe the hotel, resort or cruise ship as the ‘greatest’, ‘special’, ‘ first class ‘,’beautiful’, ‘luxurious ‘, ‘exquisite’,’ the best in the world’ or ‘safest’. Whether these superlatives are mere puffing and not actionable or actionable misrepresentations will depend on just how good or deplorable the promised travel services are.
This advertisement is a beauty- ‘Paying tribute to Royalty’ as its headliner; it describes itself (hotel name) for weddings as a ‘paean to grandeur and royalty and should you wish to immortalize your nuptials, or merely celebrate your union there couldn’t be a more awe-inspiring venue”. Simplified, what it means is that “it is a song of praise to splendor and impressiveness, suitable for a king or queen. Should you wish to have your wedding remembered forever there couldn’t be a more impressive wonderful venue.
In New York, such superlatives may be deemed sufficiently misleading and deceptive to be actionable under State consumer protection statutes such as New York’s General Business Law §§ 349 and 350.
Shafeek Wahab – Editor, Hospitality Sri Lanka’, Consultant, Trainer, Ex-Hotelier. |
|
|
|
