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The World’s Best Presentation on
Puffery
Overview
Topic: Puffery in advertising
Question: Is puffery acceptable?
My position: No, puffery is not acceptable.
Define terms
Present supporting arguments
Discuss a few cases
What this means for us as future advertisers/how we can make a change
What exactly is puffery?
Legal definitions: the practice by a seller of making exaggerated, highly
fanciful or suggestive claims about a product or service an exaggerated claim of quality exaggerated commendation especially for promotional
purposes: “hype”
FTC is fairly lenient with puffery
The FTC allows marketers to use puffery.
The reasonable consumer should know better.
Caveat emptor: means “let the buyer beware”
In calling for the outlaw of its use, a New Jersey judge called it “the seller’s privilege to lie.”
Puffery vs. False Advertising
Puffery = Subjective(Unverifiable claims)
A legal way of promoting a product or service through
hyperbole or oversized statements that cannot be
objectively verified.
Examples: “Best part of waking up is Folger’s in your cup”“Gillette. The best a man can get.”
False Advertising = Objective
(Verifiable claims)
Illegal marketing claims occurs when factually false
statements are used to promote a product.
Examples: • Stating that a car gets 35
miles per gallon when it actually only gets 30 mpg
• Stating that a knife is so sharp, it can cut through rock.
Argument 1: Puffery asserts unproven claims
Claims are not proven. Can be potentially inaccurate. They are not intentionally
false, but they do have false implications.
World’s Best Cup of Coffee
Argument 2: Puffery misleads consumers
2010 VitaminWater Case
An advocacy group called CSPI complained that VitaminWater’s health claims were misleading.
Puffery causes people to make irrational choices based on irrational desires.
Not all consumers know puffery when they see it. We cannot assume everyone is a “reasonable consumer.”
Research shows that people often believe what they are told in advertisements, or are unaware of the puffery.
Argument 3: Puffery is a form of fraud and deception
Fraud: the wrongful or
criminal deception intended to result in financial or personal gain.
a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.
Puffery: exaggerated
commendation especially for promotional purposes.
Not literally false, but has false implications
Papa John’s TV spot
Domino’s weighs in on the Pizza Hut vs. Papa John’s trial
Argument 4: Puffery warps social values
Violates the Golden Rule: “Treat others how you would want to be treated.”
People don’t want to be deceived.
“All of us who professionally use the mass media are shapers of society. We can brutalize it, or we can help lift it to a higher level.” – Bill Bernbach
Argument 5: Puffery undermines our ability to make free choices
“The consumer isn't a moron; she is your wife. You insult her intelligence if you assume that a mere slogan and a few vapid adjectives will persuade her to buy anything. She wants all the information you can give her.” – David Ogilvy
A “free choice” is a choice that has as its basis on reason, as opposed to some irrational inclination, though the choice might have been initiated by some desire.
Puffery encourages compulsory behavior.
Argument 6: Puffery negatively affects our children
Children see about 40,000 ads per year.
Children lack cognitive defenses when viewing ads
Puffery is the main tool used in children’s advertising
Yale study: marketing that targets children with energy-dense, nutrient-poor foods is a likely contributor to the childhood obesity crisis. Results: children could not distinguish artificial
flavoring in fruit cereals or beverages Researchers concluded this result is due to
puffery Is it really “part of a balanced breakfast”??
So, does this mean advertisers are just a bunch of liars?
We have to face the facts… People lie and cheat to get ahead. Puffery is inevitable in a free market
economy. Competition is high, and some
companies will go as far as they can to make money.
If we banned puffery, most advertising would be illegal. But don’t lose hope! There are things
we can do to reduce puffery. It is possible to tell authentic stories
in a low-trust world. We can present the facts in a
creative, non-dry way. Plus, truth-telling can actually lead to
greater brand loyalty.
More truthful ads
Benefits of reducing puffery
Increased consumer knowledge More substitute products consumers
can consider Reduced market power for any
individual brand Lower barriers to entry for new
brands More product innovation More consumer choice and price
benefits
Industry Regulators & Advocacy Groups
Industry standards are adopted by individual business firms, by advertisers' associations, and often by the media—such as newspapers, magazines, radio, television and the Internet.
The National Advertising Division has established a National Advertising Review Board comprised of advertisers, advertising agencies, and the general public to deal with complaints.
A Children’s Advertising Review Unit (CARU), as the name implies, reviews advertising in all media targeting children 12 years old and younger.
Conclusions
FTC regulations should be tighter, or more advocacy groups should be formed to fight puffery. Reduce puffery in children’s advertising. The unethical nature of puffery gives advertisers
a bad reputation Why claim to be the best when you can do
better? We should seek methods of persuasion that won’t hurt your effort either way, and may you look even more creative!
We should invest in long-term change by committing to more truthful advertising.