ARTICLE
24 April 2008

Repeated Puffery May Get You Into Trouble

W
Wisewoulds

Contributor

On 11 December, the Full Court in South Australia accepted that statements made by Specialty Equipment Company in various brochures such as "will out clean any comparative unit" and "does an unbelievable job of cleaning" were puffery and therefore not actionable.
Australia Media, Telecoms, IT, Entertainment
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On 11 December, the Full Court in South Australia accepted that statements made by Specialty Equipment Company in various brochures such as "will out clean any comparative unit" and "does an unbelievable job of cleaning" were puffery and therefore not actionable. Despite that, the Court held that SEC's advertising was misleading and deceptive because of the number and combination of puffery. That combination amounted to a representation that the unit the company supplied would provide a high quality wash.

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