There is a moment in the modern Christmas film classic “Elf” in which the titular character, a full-grown man who believes himself to be an elf from the North Pole, enters a seemingly run-of-the-mill coffee shop in New York City after passing what most would consider a forgettable neon sign on the facade of an equally forgettable storefront boasting “world’s best cup of coffee.” The “elf” runs into the shop and excitedly shouts to everyone in the shop, “You did it! Congratulations! World’s best cup of coffee! Great job everybody!” The employees and patrons in the shop simply gaze at the display of enthusiasm with befuddled expressions.

Although this moment in the film is likely intended to show the viewer the comic extent of the character’s naiveté, it perhaps unwittingly provides a perfect demonstration of the precarious relationship between a company’s boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as “puffery.” The word “puffery” is a gem of the judicial lexicon. It is one of those rare words that holds enough legal significance to bring down major corporations, but sounds altogether silly when used in conversation. The brilliance of it lies in the fact that its silliness makes it a unique word, ripe for molding through the legal process.

Puffery and the Law

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]