The Great American Blow-Up: Puffery in Advertising and by Ivan L. Preston

By Ivan L. Preston

This version presents new examples of puffery and deceit in ads. It examines intimately the function of legislation and the Federal alternate fee in making sure reasonable illustration of products and providers to shoppers. It describes and assesses improvement in advertisements from the mid-1970s to this present day.

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Extra info for The Great American Blow-Up: Puffery in Advertising and Selling

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There is also research evidence of puffery's impact, presented in chapter 15, which shows further that we are dealing with an effective means of communication. Advertisers do not develop techniques to persuade only a few people; that's not how mass communication works. Techniques must be successful with vast audiences or be discarded. Puffery's continued existence in sales messages addressed to vast audiences shows that its makers find it effective with a substantial portion of the public in obtaining reliance and altering purchase decisions.

The deputy had not warranted his statement, nor was it fraudulent misrepresentation because the falsity was "obvious" (meaning the owners would have discovered it had they examined the law) . Given this, the deputy argued, the owners were fully responsible through failure to exercise the ordinary care expected of them. Not so, decided Holmes. " But this was not a matter of the marketplace, not a transaction between buyer and seller, nor a transaction that the owners of the traps undertook voluntarily.

Those who benefited from the new alignments of power decreed that equality existed and caveat emptor applied. Particularly in America did it happen, in the new lands with the vast frontiers where growth and development were valued above all else. "All purchasers, in presumption of law, are deemed competent judges of what they are about to buy," argued counsel for a seller defendant in a New York case of 1804. " The court agreed; case dismissed . "45 This stressing of the opportunity for moral disciplining was a rationalization thrown in by a court anxious to bolster the affairs of business.

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