Puffing False advertising

1 puffing

1.1 manipulation of terms
1.2 incomplete comparison
1.3 inconsistent comparison
1.4 misleading illustrations
1.5 false coloring
1.6 angel dusting
1.7 chemical free
1.8 bait-and-switch
1.9 guarantee without remedy specified
1.10 no risk
1.11 acceptance default

puffing

puffing or puffery act of exaggerating product s worth through use of meaningless unsubstantiated terms, based on opinion rather fact. examples of include many superlatives , statements such “greatest of time”, “best in town” , “out of world” or restaurant claiming had world’s best tasting food .

typically puffing not illegal form of false advertising , can looked @ humorous way grab , attract attention of consumer. puffing may able used defense against charges of deceptive advertising when formatted opinion rather fact.

however, can used defense misleading or deceptive advertising. example, claims ‘top quality’ can have regulatory , legal consequences , can looked @ illegal misrepresentation, if not supported through products capabilities.

manipulation of terms

listerine advertisement, 1932. ftc found claim of these advertisements, reduced likelihood of catching cold, false.

many terms have imprecise meanings. depending on jurisdiction, organic food may not have clear legal definition, , light food has been variously used mean low in calories, sugars, carbohydrates, salt, texture, viscosity, or light in color. labels such all-natural used meaningless in legal sense.

statements , terms recyclable, biodegradable , environmentally friendly need evaluated reliable scientific evidence.

tobacco companies, many years, used terms low tar, light, ultra-light , mild in order imply products such labels had less detrimental effects on health, in recent years united states has banned manufacturers labeling tobacco products these terms.

when united egg producers used animal care certified logo on egg cartons, better business bureau argued misled consumers conveying higher sense of animal care case.

in 2010, kellogg s rice krispies cereal claimed cereal can improve child’s immunity. company forced discontinue advertising stating such claims. in 2015 same company advertised kashi product “all natural”, when contained variety of synthetic , artificial ingredients. kashi paid $5 million resolve issue.

incomplete comparison

better means 1 item superior in way, while best means superior others in way. however, advertisers fail list way in each being compared (price, size, quality, etc.) and, in case of better , comparing (a competitor s product, earlier version of own product, or nothing @ all). so, without defining how using terms better , best, terms become meaningless. ad claims our cold medicine better saying improvement on taking nothing @ all. often-seen example of ploy better leading brand statistic attached, while leading brand left undefined.

inconsistent comparison

in inconsistent comparison, item compared many others, compared each on attributes wins, leaving false impression best of products, in ways. 1 variation on theme web sites list competitor prices given search, not list competitors beat price (or web site might compare own sale prices regular prices offered competitors).

misleading illustrations

one common example of serving suggestion pictures on food product boxes, show additional ingredients beyond included in package. although serving suggestion disclaimer legal requirement of illustration includes items not included in purchase, if customer fails notice or understand caption, may incorrectly assume depicted items included.

in advertised images of hamburgers, every ingredient visible side shown in advertisement, giving impression larger are. products sold unassembled or unfinished may have picture of finished product, without corresponding picture of customer buying.

commercials video games include trailers cgi short-films - graphics of higher caliber actual game.

false coloring

“the color of food packaging considered extremely important in marketing world” (blackbird, fox & tornetta, 2013) people see color before absorb else. consumers buy items based on color they’ve seen on advertisement , have perception of packaging colors should like. however, when comes buying food, consumers can judge product based on packaging , consumers judge products based on color.

when used make people think food riper, fresher, or otherwise healthier is, food coloring can form of deception. when combined added sugar or corn syrup, bright colors give subconscious impression of healthy, ripe fruit, full of antioxidants , phytochemicals.

one variation packaging obscures true color of foods contained within, such red mesh bags containing yellow oranges or grapefruit, appear ripe orange or red. regularly stirring minced meat on sale @ deli can make meat on surface stay red, causing appear fresh, while oxidize , brown, showing true age, if left unstirred. sodas sold in colored bottles, when actual product clear.

angel dusting

angel dusting process ingredient beneficial, in reasonable quantity, instead added in insignificant quantity have no consumer benefit, can make claim contains ingredient, , mislead consumer expecting gain benefit. example, cereal may claim contains 12 essential vitamins , minerals , amounts of each may 1% or less of reference daily intake, providing virtually no benefit nutrition.

chemical free

many products come form of statement chemical free! or no chemicals! . on earth, save few elementary particles formed radioactive decay or present in minute quantities solar wind , sunlight, made of chemicals, impossible have chemical free product. intention of message indicate product contains no synthetic or exceptionally harmful chemicals, word chemical has stigma, used without clarification.

bait-and-switch

bait-and-switch deceptive form of advertising or marketing tactic used lure in customers store. company advertise product @ cheap , enticing price attract customers. once do, store/company try sell more expensive , valuable advertised. regardless of fact small percentage of shoppers buy more expensive product, advertiser using bait remains gain profit.

bait advertising commonly used in other contexts, example, in online job advertisements deceiving potential candidate working conditions, pay, or different variables. airlines may guilty of baiting potential clients bargains, increase cost or change notice of considerably more costly flight.

businesses asked remember few guidelines avoid charges of misleading or deceptive conduct:

reasonable timeframe, reasonable quantities - businesses must supply publicized merchandise or services @ promoted cost sensible or expressed timeframe , in sensible or expressed amounts. there no exact meaning of implied sensible timeframe or sensible amounts .
qualifying statements - general qualifying statements, example, in store , online @ present still leave business open charges of bait advertising if sensible amounts of publicized item not accessible.
advertising deadlines - companies need have grounds trust merchandise accessible
rain checks - when, through no shortcoming of own, business can t supply merchandise or services promoted companies ought have framework set supply or acquire supply of merchandise or benefits @ promoted cost time permits.
online claims - if company online-based company, essential them keep on website updated avoid misleading customers.

in countries bait advertising can result in severe penalties.

guarantee without remedy specified

if company not if product fails meet expectations, free little. due legal technicality states contract cannot enforced unless provides basis not determining breach giving remedy in event of breach.

no risk

advertisers claim there no risk trying product, when there is. example, may charge customer s credit card product, offering full refund if not satisfied. however, risks of such offer numerous. customers may not product @ all, may billed things did not want, may need call company authorize return , unable so, may not refunded shipping , handling costs, or may responsible return shipping.

similarly, ‘free trial’ advertising manoeuvre have consumers become hands-on products or services before purchase, without money spent free trial in exchange credit cards details cannot stated free trial, there component of expenditure.

acceptance default

this refers contract or agreement no response interpreted positive response in favor of business. example of customer must explicitly opt out of particular feature or service, or charged feature or service. example subscription automatically renews unless customer explicitly requests stop.