"It was pure puffery," the lawyer, Travis Cohron, told the Post.
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Sometimes Trump's factual errors are just a little bit of puffery.
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Despite all the puffery, there were no major operations or major leaks.
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Usually, claims like that cannot be assessed, and are dismissed as campaign puffery.
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For a counterpoint to Pai's puffery, check out this piece from John Oliver:
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In each case, transparency about corporate practices serves as a check on puffery.
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However, PR puffery aside, Just Eat is also announcing a number of tech updates.
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Since then censors have been busy deleting posts about the surfeit of political puffery.
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They're not selling substance — it's fearmongering and puffery and bullshit narratives about rugged individualism.
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He stayed humble, and human, in the era of relentless puffery and self-promotion.
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As MacCarthy suggests, he had none of the puffery we associate with great architects.
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Finally, after diving headfirst into bravado and chest puffery all episode, Axe grits his teeth.
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Goldman argues that the statements were mere puffery on which no reasonable investor would rely.
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He refused to become a celebrity in the era of relentless puffery and self-promotion.
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Goldman's puffery about avoiding client conflicts, the bank contends, doesn't meet either of these special circumstances.
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His lawyers have argued the "hand-picked" claim amounted to mere sales "puffery" rather than fraud.
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But there's no grand ideological vision here; it's marketing and clickbait and sloganeering and self-puffery.
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It's a little bit nostalgia, a little bit chest-puffery and a little bit self-flagellation.
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The information sessions most admissions departments offer for prospective students are puffery, a live promotional video.
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To a cynic, this week's message, like others Mr. Zuckerberg has issued, might sound like puffery.
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To a cynic, this week's message, like others Mr. Zuckerberg has issued, might sound like puffery.
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Treating macho puffery as a kinetic skill, the album plays like a pushy show of technique.
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But the concept of puffery normally concerns advertising, not statements that a company makes to its investors.
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It's easy to imagine what Gingrich might get out of all this puffery masquerading as historical analysis.
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As Hillary Clinton's experience has taught her that obfuscation works, Trump's has taught him that audacious puffery works.
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Trump's attorneys denied any fraud, however, arguing the promotional tactics are merely sales "puffery" past courts have allowed.
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Puffery is allowed as part of the sale because it is a tool allowed in the marketplace. 8.
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" Mario F. Gallucci, a lawyer for Mr. Cummings, called the statements prosecutors have attributed to his client "mere puffery.
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And hopefully scientists can identify the techniques that are useful and winnow out the puffery that has surrounded the field.
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Dr. Paul U. Unschuld's juxtaposition of "rigor" and New Age puffery is salutary, but "Chinese pragmatism" hides a few things.
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It also argued that the claim is allowable as "puffery," a legal term that means broad, vague exaggeration is allowed.
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Then-candidate Trump's puffery and distortions of the truth gave people who were so inclined at least a meme per day.
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Polls show that voters are starting to notice, and that his promises are increasingly seen not as predictions, but mere puffery.
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"These statements are paradigmatic examples of non-actionable corporate puffery on which no reasonable investor could rely," the legal filing asserted.
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At a pinch, I can even take the preëmptive puffery of the script, whereby lesser characters keep lauding his omniscient genius.
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The 145-Pound Long Snapper and Other Tales of College Admissions Puffery 'Do Your Children a Favor: Develop Some Real Values'
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More often than not, companies are touting functionality they can't yet deliver, though there are some real trends hidden among the puffery.
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Walking away from power and divorcing oneself from all the puffery and pageantry that comes with being a "somebody" takes genuine character.
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So when you're reading what they write, and there's a strong suggestion of something, I'm inclined to think that's not just puffery.
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In a statement on Monday that was also provided to Congress, Mr. Cohen suggested that he viewed Mr. Sater's comments as puffery.
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Some witnesses nicked Sondland for boasting about his close ties to Trump and said they wondered at times whether it was puffery.
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Was there an American alive who, by the time the bicentennial actually arrived, was not already glassy-eyed from all the premature puffery?
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The concept car is basically always a vehicle of pure puffery, and carmakers go above and beyond when it comes to teasing the future.
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"I will not be a witness to puffery and prevarication flowing while our Constitution and our laws are disrespectfully and dangerously flouted," Cohen said.
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Teipolo worked on commissions for princes and monarchs throughout his career, and many of his works were acts of puffery made for public places.
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He's a defensive virtuoso, blessed with mentors who passed along to him precious remnants of golden-age know-how, but his claim is empty puffery.
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"Where's the Rest of Me?" is the celebrity psycho-self-puffery on which nearly all later American campaign memoirs are based, the story of stardom.
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Cousins said statements such as "great-tasting meat from healthy animals" and "raised right tastes right" amounted to permissible "puffery" by the Austin, Texas-based company.
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Yet amid all this fluff and puffery, Trump has issued a few orders that have had or will soon have a substantive effect on the country.
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He was known as the father of "puffery," a term analogous to the modern "hype," but surrounded by a seamier sense of corruption and insider trading.
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It especially means being disciplined — not seeking to score political points or take advantage, get personal or political credit, or engage in meaningless puffery or blame.
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It details a philosophy cobbled together from bits and pieces of self-help lit, business school puffery, Silicon Valley disruption, and new-agey commitments to radical transparency.
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In a sphere encrusted with suck-ups, soothers, and self-puffery, Ms. Tanden has emerged as a loyal but insistent straight-talker and acute assessor of Mrs.
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His critics thought not, calling Mr. Netanyahu's failure to win any support at the Security Council a sign that his diplomatic campaign involved more puffery than progress.
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As business and financial news reporting improved in the 21943s and '21944s, he sought writers adept at detailed analysis, not the old puffery about chief executives and companies.
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Here, contemporary culture rends artists of their political pretense and unmasks itself as a collection of shiny baubles for the rich, whom galleries pad with puffery and champagne.
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But Trump is nothing if not a self-promoter, and pretending that his upcoming television special would have important diplomatic ramifications seems like a bit of harmless puffery.
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Without the puffery used to promote the seminars — calling them a "university," saying Trump had "handpicked" the professors — Trump University might have been able to stay in business.
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There are two possibilities: A cynic might argue that it's just puffery, that the broadband industry is simply trying to present a friendly image to an outraged online horde.
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Android has become many tech companies' original sin: fundamental to their identity and the character of their products, but buried under a thick veneer of insecure puffery, denial, and evasion.
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Herrod's engineering background has proved helpful in another way in his second career — sussing out the puffery from the reality when it comes to the technologies startups are working on.
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You live by the New York Times editorial board, you die by the New York Times editorial board and Pete has been living off media puffery for a long time now.
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MGM and 20th Century Fox say that the suit is superfluous and that using the word "all" was just a little marketing "puffery," and asked the court to throw out the case.
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And speaking of "boring a hole"s (see what I did there?) we've been treated to yet another act of puffery/buffoonery between LaVar Ball and Donald "Adult Human" Trump this morning.
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It's unclear how much of that talk is puffery, but it was certainly enough to prompt the UK's data watchdog to seek a warrant to raid the company's headquarters and get Nix suspended.
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We have the books Trump has written about himself, and a couple of biographies, which are a mix of celebrity puffery and some tough, revealing work trying to understand his various casino deals.
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Humor is a particularly powerful tool — to avoid escalation, to highlight the absurdity of absurd positions and to deflate the puffery that, to the weak-minded at any rate, might resemble heroic purpose.
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Longtime supporters of Mr. Trump noted that he and some in his family tended to crave flattery, particularly in public settings, and they chalked up the "dynasty" remark from Mr. Parscale to puffery.
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" The challengers in the Maryland case, represented by the American Civil Liberties Union, said Mr. Trump's statements were not "a passing comment on the campaign trail or a clear example of campaign puffery.
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The 145-Pound Long Snapper and Other Tales of College Admissions Puffery The admissions scandal involved lies about sports exploits that should have been simple to detect if someone had bothered to look.
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Mark Bauerlein: Leaning on themes that got him elected Trump supporters might have found the pageantry of the lead-up to Donald Trump's speech a bit much, impatient as they are of DC puffery.
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For all its highbrow pretensions—one artist, Dan Bejar, refuses to discuss Taylor Swift in an interview because it "brings down [his] poem to a level that's too mundane"—Pitchfork often spouts generic puffery.
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They also said Trump's promotional statements about ACN were merely opinion, or were "puffery" that reasonable investors could not rely on, and that none of the other defendants said anything the investors might have heard.
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Perhaps a similar lack of executive skills was also true of the way he ran his businesses, but, as a privately held organization, they were out of sight and hidden behind his self-aggrandizing puffery.
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But if the scourge of under-eye puffery comes and goes, it's likely due to water retention (thanks to crying, hormonal changes, lack of sleep, and other temporary causes) and can be minimized far less invasively.
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But the delegate herself was skeptical about whether that was true, and Gordon's phone records suggest he may have been engaged in some puffery — they don't include calls to a number associated with Trump, Mueller writes.
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Representative Katie Porter, Democrat of California, questioned Mr. Sloan about exactly how meaningful the bank's commitment to change was, pointing out that its own lawyers had called such statements "corporate puffery" in response to a lawsuit.
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"This is just marketing puffery, not any true innovation that improves the actual product offered to consumers," said Randy Mooney, chairman of the National Milk Producers Federation, and a dairy farmer from Rogersville, Missouri, of Dannon's pledge.
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AOL Time Warner, Palm and HP, eBay and its "power of three" strategy with PayPal and Skype — none of those materialized into actual synergy, and so we're wont to just shrug off the word as mere puffery.
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These allegations are simply too extreme to be left to the court of public opinion, where people believe what they want to believe and where puffery and wild, unsubstantiated accusations often serve as a substitute for proof.
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This sounds like marketing puffery (after all, it only just started making its first actual camera, Spectacles), but I think its determination to set itself apart from the rest of the tech industry is important to note.
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North Dakota's Chief U.S. District Judge Daniel Hovland found that the statements allegedly made by Energy Transfer Partners' Dakota Access LLC and its negotiators at Contract Land Staff LLC were "mere sales talk" and "puffery," not factual misrepresentations.
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Mr. Trump has given conflicting signals about whether he understands the difference between fallacies uttered by the president of the United States and promotional puffery from a real estate developer boasting of his latest hotel or golf course.
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"Leaving aside that descriptors such as 'best' are non-actionable puffery, Uber was justified in concluding that these were the best financing options available to the '[p]oor credit or no credit' borrowers targeted by this ad," they wrote.
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Goldstone now says his outreach to Donald Trump's son, where he said there was "very high level and sensitive information" about Hillary Clinton available as "part of Russia and its government's support for Mr Trump," was full of "puffery".
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"It's friendly talk, it's puffery, but it is not the stuff of a legal obligation to now become your financial counselor," Navient's lawyer told a federal judge in Pennsylvania as part of a request to dismiss the bureau's lawsuit.
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"Why Mr. Sloan, if you don't mind me asking, are your lawyers in federal court arguing that those exact statements I read are quote 'paradigmatic examples of non-actionable corporate puffery, on which no reliable investor could rely,'" she asked.
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If huge segments of our economic activity manage to feel — aesthetically, if not legally — like fine-tuned rackets, then the segments that remain must consist of actual work with actual purpose, productive labor that requires no puffery or misdirection to sustain.
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It also suggests that emails from an intermediary to the younger Mr. Trump promising that Ms. Veselnitskaya would arrive with information from Russian prosecutors were rooted at least partly in fact — not mere "puffery," as the president's son later said.
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He told The Chicago Sun-Times that one interviewer had posed as a potential donor and another as a niece of the donor, raising the possibility that people captured in the videos were merely engaging in puffery to pry some money loose.
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That's a seismic shift, a move toward making the NFL more corporate, more vanilla, and more like an airport Starbucks kiosk, all at a time when a league obsessed with football deflation, PR puffery, and rulebook minutiae has never needed a silver-and-black outlaw vibe more.
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A federal judge in Manhattan on Tuesday rejected Signet Jewelers Ltd's claims that its stated commitment to preventing sexual harassment was mere "puffery" that could not be used to support fraud claims by investors who say the company concealed a culture of pervasive harassment against women.
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AND UNLESS NIKE IS CLAIMING I FABRICATED ALL OF THOSE DOCUMENTS THEN THEY ARE ABSOLUTELY GUILTY AND I'LL ALSO NOTE THAT FOR ALL OF NIKE'S PUFFERY THEY HAVE YET TO PROVE WHAT I'M SAYING IS UNTRUE OR THAT THESE DOCUMENTS ARE BOGUS AND THE REASON IS THEY CAN'T.
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Whether Mr. Stone was, in fact, a trusted intermediary to WikiLeaks — or simply a master of puffery that made him appear so — remains a paramount question for Mr. Mueller's investigators, who are examining Russia's interference in the 2016 presidential race and whether any Trump associates conspired with Moscow's effort.
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Maybe when a Papers of Note publishes an op-ed from a guy who makes his own sublinguals arguing that weed cures all diseases, it will be time to panic; until then, there's plenty of other unchecked medical puffery in opinions sections for actual doctors to worry about.
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The 8th U.S. Circuit Court of Appeals affirmed the ruling of a federal judge in Bismarck, who last year dismissed the landowners' claims of fraud, conspiracy and unfair tactics after finding their allegations amounted to "mere sales talk and puffery" by Energy Transfer Partners' Dakota Access LLC and its negotiators.
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"I think this is the president using puffery, and trying to sound tough in a way that just reveals his ignorance," said Scott R. Anderson, a former State Department lawyer during the Obama administration who is now an expert in national security law at Columbia University and the Brookings Institution.
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How I hate the glib rattle of his tongue, the mouldiness of his jests and the transparency of his puffery!
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IKON Office Solutions, 513 F.3d 1038, 1053 (9th Cir. 2008). Puffery serves to "puff up" an exaggerated image of what is being described and is especially featured in testimonials. Puff piece is an idiom for a journalistic form of puffery: an article or story of exaggerating praise that often ignores or downplays opposing viewpoints or evidence to the contrary.
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1881 Italian ad for Cannabis indica cigarillos, promising to "stop the most violent attacks of asthma, nervous cough, colds, extinction of voice, facial neuralgia and insomnia, and to combat all laryngeal and respiratory ailments." In everyday language, puffery refers to exaggerated or false praise.puffery in Oxford Dictionaries In law, puffery is a promotional statement or claim that expresses subjective rather than objective views, which no "reasonable person" would take literally.Newcal Industries, Inc. v.
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Much later, after 1845, Alsager left, after a scandal involving puffery. The position he had created for a professional music critic, an innovation by The Times, was taken over by James William Davison.
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"In this day and age with everything we know about science, that a discredited 200-year-old bit of puffery should be legitimized is scandalous," said Joe Schwarcz, director of McGill University's Office of Science and Society.
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Representations and Warranties. ContractsProf Blog. Statements in a contract may not be upheld if the court finds that the statements are subjective or promotional puffery. English courts may weigh the emphasis or relative knowledge in determining whether a statement is enforceable as part of the contract.
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NPR said Trump's campaign statements were often opaque or suggestive. Trump's penchant for hyperbole is believed to have roots in the New York real estate scene, where Trump established his wealth and where puffery abounds. Trump adopted his ghostwriter's phrase "truthful hyperbole" to describe his public speaking style.
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L. 947 (2010)) Amgen Inc. v. Connecticut Retirement Plans & Trust Funds,See Brief of Amicus Curiae of National Association of Shareholder and Consumer Attorneys in Support of Respondent (citing Stefan J. Padfield, Is Puffery Material to Investors? Maybe We Should Ask Them, 10 U. Pa. J. Bus. & Emp.
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In October 2006, Yale University student Aleksey Vayner applied for a job with UBS, an investment bank. Amused by Vayner's apparent puffery, an unknown member of UBS staff emailed his application materials to other investment banks. The video was posted on various blogs, then YouTube, where it became an immense viral Internet phenomenon.
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Due to the increased outmarriage ratio of Japanese Americans, multi-racial (also known as hapa in the Japanese community) contestants began to appear more frequently, causing questioning about the Japanese cultural spirit of the competition and competing beauty standards of whites versus Asians.Tanner, Mika,Pageants: Pride or Puffery?, Asian Week, August 20, 1998. URL accessed August 4, 2006.
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The United States Federal Trade Commission (FTC) defined puffery as a "term frequently used to denote the exaggerations reasonably to be expected of a seller as to the degree of quality of his product, the truth or falsity of which cannot be precisely determined."Better Living, Inc. et al., 54 F.T.C. 648 (1957), aff'd, 259 F.2d 271 (3rd Cir. 1958).
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It is more apt to be considered when comparing so-called growth companies (those growing earnings significantly faster than the market). Growth rate numbers are expected to come from an impartial source. This may be from an analyst, whose job it is to be objective, or the investor's own analysis. Management is not impartial and it is assumed that their statements have a bit of puffery, going from a bit optimistic to completely implausible.
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He outlined three basic rules for an advertisement that encapsulated his ideas about the USP: #Each advertisement must make a proposition to the consumer—not just words, product puffery, or show-window advertising. Each advertisement must say to each reader: "Buy this product, for this specific benefit." #The proposition must be one the competition cannot or does not offer. It must be unique—either in the brand or a claim the rest of that particular advertising area does not make.
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99 In 1950, with his son Armando, Alfredo di Lelio opened a new restaurant in piazza Augusto Imperatore, Alfredo all'Augusteo, now managed by his niece Ines Di Lelio, bringing along the famous "gold cutlery" said to have been donated in 1927 by the American actors Mary Pickford and Douglas Fairbanks in gratitude for Alfredo's hospitality. The two restaurants competed vigorously, with escalating puffery: "the king of fettuccine", "the real king of fettuccine", "the magician of fettuccine", "the emperor of fettuccine", "the real Alfredo", etc.
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Puffing or puffery is the act of exaggerating a product's worth through the use of meaningless unsubstantiated terms, based on opinion rather than fact, and in some cases through the manipulation of data. Examples of this include many superlatives and statements such as "greatest of all time", "best in town" and "out of this world" or a restaurant claiming it had "the world's best tasting food". Puffing has an impact on life. One example of this is the impact of exaggerated campaign advertising during elections on voter turnout.
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A secret ingredient is a component of a product that is closely guarded from public disclosure for competitive advantage. Sometimes the ingredient makes a noticeable difference in the way a product performs, looks or tastes; other times it is used for advertising puffery. Companies can go to elaborate lengths to maintain secrecy, repackaging ingredients in one location, partially mixing them in another and relabeling them for shipment to a third, and so on. Secret ingredients are normally not patented because that would result in publication, but they are protected by trade secret laws.
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Carter is presiding over a civil action brought by the U.S. Department of Justice against Standard & Poor's. The $5 billion lawsuit claims that S&P; engaged in fraud when it gave high ratings to mortgage-backed securities and collateralized debt obligations before the 2008 financial crisis. Carter denied a motion to dismiss, noting that S&P;'s argument that those ratings were mere puffery was "deeply and unavoidably troubling when you take a moment to consider its implications." S&P; claims that this action is retaliation for its 2011 downgrade of United States debt.
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Giving an opinion rather than a factual statement; a statement formed subjectively rather than objectively, is known as puffing. The act of puffery does not set the grounds for the creation of an express warranty. Second, the buyer must have depended on this guarantee (in whichever form it was made) when deciding whether or not to purchase the product/service. If a buyer believes that the product or service purchased does not resemble that which was expressed in the guarantee then the buyer has the option to file for a breach of express warranty.
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The extensive use of puffery and the retro juxtaposition of music and PowerPoint style still imagery claiming that the school is "hot hot hot" inadvertently play into the stereotype that people from Appalachia are unsophisticated and out of touch. A December 2004 Faculty meeting noted: "Concern has been expressed about the style/public image implied by the 'Faculty Caravan' video on ASU's webpage that goes with the song 'Hot Hot Hot.'" The video began circulating widely in 2005. For many viewers, the video provided a first impression of Appalachian State University.
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The Sydney Morning Herald, 23 November 1857, page 4, Galle Harbour, Ceylon There was 1000 ton clipper ship named Bella Marina under Captain Henry Elliot that sailed in New Zealand and Australian waters in the 1860s. Whether this was a refurbished version of the previous or advertising puffery is unknown. The advertisement referred to her as being so long and favourably known of these (Australian) coasts.Geelong Advertiser, 26 August 1862, Page 2, Port Phillip Heads In 1862 she was at San Francisco and sailed to Australia via Puget Sound, arriving at Port Phillip on 24 August.
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Men of the Ten Books is a science fiction story by Jack Vance published in 1951. Also titled The Ten Books, it is about a new society on a distant Earth- like planet founded by the inhabitants of a huge intergalactic spaceship of colonists which crash-landed there. The survivors only manage to rescue a single set of books from the wreckage: an inexpensive set of encyclopaedias. Their entire knowledge of Earth’s culture and history is based on the glowing, puffery-filled descriptions in these books, which leads them to revere Earth as a perfect world.
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Porter has earned a reputation for tough and pointed questioning of officials during congressional hearings, often using visual aids. She has attracted attention for her questioning on the House Financial Services Committee. In March 2019, her questioning caught Wells Fargo CEO Tim Sloan contradicting what his corporate lawyers were arguing in court, in that statements he had previously made pledging transparency were "corporate puffery", according to documents lawyers submitted. In April 2019, Porter drew attention for her questioning of JPMorgan Chase CEO Jamie Dimon about how a Chase bank teller should make up a $567 shortfall between her monthly budget and her paycheck.
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In the de-Stalinization era, which sought to undo much of what was done during Stalin's régime, the Stakhanovite movement was declared a Stalinist propaganda maneuver; workers would receive the best equipment and most favorable conditions so that the best results could be achieved. After Stalin's death in March 1953 "brigades of socialist labor" replaced Stakhanovism. In 1988 the Soviet newspaper Komsomolskaya Pravda stated that the widely propagandized personal achievements of Stakhanov were puffery. The paper insisted that Stakhanov had used a number of helpers on support work, while the output was tallied for him alone.
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The boasting and bragging by arrogant or manipulative people has been sent up on stage since the first appearance of the alazon – 'a stock character in Greek comedy'.H. J. Rose, A Handbook of Latin Literature (London 1966)p. 49 Inflated praise in the form of flattery and puffery has a similarly lengthy history. Amplifying achievements, obstacles and problems to seek attention is an everyday occurrence, as 'in exaggerating what one feels by magnifying the emotional expression: this is the ploy used by the six-year-old who dramatically twists her face into a pathetic frown, lips quivering, as she runs to complain to her mother about being teased'.
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In 1997, Pizza Hut filed a lawsuit against Papa John's based on a series of advertisements that compared the ingredients of Papa John's and its competitors. Pizza Hut successfully argued that Papa John's slogan did not constitute statements of literal fact – that "fresher ingredients" do not necessarily account for a "better" pizza. This ruling was overturned in 2000 when Papa John's appealed the decision. Although the jury's decision on the misleading advertising was upheld, the appeals court determined that Pizza Hut failed to prove, under the requirements of the Lanham Act, that the misleading advertising and puffery had a material effect on consumers' purchasing decisions.
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On May 1, the campaign announced that they were spending $1.5million on national advertisements touting Trump's accomplishments in the first hundred days. The ad buy, which included advertisements targeted at voters who supported specific agenda items of Trump's presidency, came approximately 42 months before election day 2020, or any other major party's candidate declarations. FactCheck.org found several inaccuracies in the advertisement, and Eric Zorn of the Chicago Tribune described the 30-second advertisement as being, "stuffed with Trump's signature misleading puffery". Additionally, original versions of the ad showed Trump shaking hands with H. R. McMaster, an active-duty military member who was barred from participating in any political advocacy while in uniform.
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The state of the art (sometimes cutting edge or leading edge) refers to the highest level of general development, as of a device, technique, or scientific field achieved at a particular time. However, in some contexts it can also refer to a level of development reached at any particular time as a result of the common methodologies employed at the time. The term has been used since 1910, and has become both a common term in advertising and marketing, and a legally significant phrase with respect to both patent law and tort liability. In advertising, the phrase is often used to convey that a product is made with the best or latest available technology, but it has been noted that "the term 'state-of-the-art' requires little proof on the part of advertisers", as it is considered mere puffery.
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Puff piece is an idiom for a journalistic form of puffery: an article or story of exaggerating praise that often ignores or downplays opposing viewpoints or evidence to the contrary. In some cases, reviews of films, albums, or products (e.g., a new car or television set) may be considered to be "puff pieces", due to the actual or perceived bias of the reviewer: a review of a product, film, or event that is written by a sympathetic reviewer or by an individual who has a connection to the product or event in question, either in terms of an employment relationship or other links. For example, a major media conglomerate that owns both print media and record companies may instruct an employee in one of its newspapers to do a review of an album which is being released by the conglomerate's record company.
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He had been selected by the American committee to represent American painting, over Albert Bierstadt whose majestic, large-scale landscapes peopled with tiny figures of pioneers and Indians were now considered passé. Around this time, Remington made a gentleman's agreement with Harper's Weekly, giving the magazine an informal first option on his output but maintaining Remington's independence to sell elsewhere if desired. As a bonus, the magazine launched a massive promotional campaign for Remington, stating that "He draws what he knows, and he knows what he draws." Though laced with blatant puffery (common for the time) claiming that Remington was a bona fide cowboy and Indian scout, the effect of the campaign was to raise Remington to the equal of the era's top illustrators, Howard Pyle and Charles Dana Gibson.Peggy & Harold Samuels, 1982, pp. 133–4.
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In October 2014, Judge Susan Illston dismissed one of the class action suits' original case on the grounds that EA did not intentionally mislead investors, instead its pre-release claims about Battlefield 4 were a "vague statement of corporate optimism," "an inactionable opinion" and "puffery." Six months after the initial release of the game, in April 2014, DICE released a program called Community Test Environment (CTE), which let a limited number of PC gamers play a different version of Battlefield 4 that was designed to test new patches and updates before giving them a wide-release. One of the major patches tested was an update to the game's netcode, specifically the "tickrate," which is how frequently the game and server would update, measured in cycles per second. Because of the size of Battlefield 4 in terms of information, DICE initially chose to have a low tickrate.
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This was formally governed under the Consumer Protection Act 1987, s 20(1) Sellers still have a defence of legitimate "puffery", or that their representations could not be taken seriously (e.g. "this washing powder makes your clothes whiter than white!"). Secondly, although it was not discussed in the case, there was evidence at the time that using the smoke ball actually made people more vulnerable to the flu (carbolic acid was put on the poisons register in 1900). The General Product Safety Regulations 2005/1803 which are part of a European Union wide consumer protection regime (Directive 2001/95/ECDirective 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety) again provide criminal penalties for unsafe products. Thirdly, the Consumer Protection Act 1987 (which is also part of EU wide regulation under Directive 85/374/EECCouncil Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products) creates a statutory tort of strict liability for defective products that cause any kind of personal injury or death, or damage over £100.
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