Legal-Ease: Misleading or just puffery?

Lee R. Schroeder is an Ohio licensed attorney with Schroeder Law LLC in Ottawa. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at (419) 523-5523. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.

Puffery is the term used to describe the vague statements and opinions found in advertisements. These statements include ambiguous claims regarding certain products being better than others and often include expressions of opinions as opposed to facts. The issue of puffery arises pretty often, especially at this time of year as retailers are vying for our holiday gift dollars.

In the coming weeks, we will empty our wallets (or fill our credit cards) with purchases intended to serve as gifts for loved ones. In the context of holidays, and even within the stress of our day-to-day lives, it is easy to be misled.

As we read the flyers enclosed with this publication and peruse our local retailers’ websites or stores, it can be tough to distinguish between valid facts and typical sales pitches. The law helps us distinguish between true facts and “boastful assertions and exaggerated descriptions.”

Read more about puffery in Lee’s article in the Lima News here: Legal-Ease: Misleading or just puffery?

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