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Deceptive Advertising

In American Italian Pasta Company vs. New World Pasta Company the court’s reasoning for concluding that the statement in question was puffing. One of the chief reason was that there was no statement of fact on the part of American Pasta Company. The statement of fact should have been in the packaging of the pasta. Additionally, the second reasoning behind the decision is that the statement ‘America’s Favorite Pasta’ did not actually deceive or had a tendency to deceive the consumers or any substantial segment of its audience. The third reason is that the material that was used was deceptive and that it was likely to deceive and influence the purchasing decision of the consumers. In the decision made by the court, the issue was puffery in that there were exaggerated statements of bluster upon which no reasonable consumer would rely on. Additionally, the statement was vague in that it was highly subjective of the claims of superiority which could not be ascertained.
Statements of fact and puffery are two mutually exclusive activities. One was a statement of fact, and the other was not verified as a fact. Describing puffery generally offers advertisers and producers considerable freedom to craft their proclamations, permitting the free market to hold promoters and manufacturers answerable for their proclamations, guaranteeing vigorous rivalry, and protecting genuine commercial speech. I find that the decision made by the court was very strong. There are a few loopholes in that the issue of deceptive advertising and puffery have to be defined. The court could have furthered its decision in that the statements that the court deemed vaguely could have in some instance created a different perception of the buying interests of the consumers.

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