further contended that the impugned advertisements cannot be construed as
mere puffery in respect of the respondent's product Pepsodent GSP but
constitute untrue ... would be taken seriously by
a reasonable man cannot be overlooked as puffery. It is contended that a
claim of 130% better germ killing quality
product, especially where such claim is
incorrect on facts.
13. Puffery of one's product is permissible, submits Mr. Lall;
denigration of the other ... course of
comparing its product to that of the plaintiff, indulged in puffery and
extolled the virtues of its product, it has not denigrated
drug under the Drugs and Cosmetics
Act , and cannot be regarded as puffery. The truthfulness of such assertions
or statements of fact ... defendants:
5.1 Impugned TVC and Print Advertisements are instances of puffery,
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assail the impugned commercial, as an
impermissible example of class disparagement. Puffery, submits
Dr. Singhvi, is permissible in advertisement, and puffery also
includes ... Puro is
healthy. At the highest, these declarations would amount only to
puffery, which is permissible in comparative advertising. This is
clear from the fact
assail the impugned commercial, as an
impermissible example of class disparagement. Puffery, submits
Dr. Singhvi, is permissible in advertisement, and puffery also
includes ... Puro is
healthy. At the highest, these declarations would amount only to
puffery, which is permissible in comparative advertising. This is
clear from the fact
impugned TVC would show that the commercial is not mere puffery or
hyperbole, but is an effort to show the Plaintiff's product ... would not be permissible even if the
product is not identified.
b. Puffery is permitted in advertising, however, serious
misrepresentation of nutritional value under
used for the past 16 years and that the statement
was a puffery and not advertisement specific but
Signature Not Verified
Digitally Signed ... purifier' which provides the purest
water rather than being understood as puffery or an
exaggeration.
The CCC further discussed that, based on the data
above line is not in the form
of an opinion amounting to puffery of its product by the
defendant, but a false declaratory representation
question as to
where the line is to be drawn between mere
puffery and actionable statements, it was
noticed that this question had been addressed
paragraphs (I) and (II) are
applicable in cases where the advertisement involved puffery and
9 1998 SCC OnLine Cal 422
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Digitally Signed ... held out
as representations of fact. This Court had observed that puffery and
exaggerated opinions are for attracting the attention of the targeted
customers. Such
