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
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
above line is not in the form
of an opinion amounting to puffery of its product by the
defendant, but a false declaratory representation
paragraphs (I) and (II) are
applicable in cases where the advertisement involved puffery and
9 1998 SCC OnLine Cal 422
Signature Not Verified
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
aforesaid two
factors, the advertisement in question is a purely harmless puffery or
boast, and as per acceptable norms of the advertisement industry
clear that advertising is part of commercial speech and
some puffery is allowed as long as the same does not go beyond the grey areas
terms. It is
notable for its treatment of contract and of
puffery in advertising, for its curious subject
matter associated with medical quackery
terms. It is
notable for its treatment of contract and of puffery
in advertising, for its curious subject matter
associated with medical quackery
