ARTICLE
31 August 2026

When Puffery Gets Sticky (Podcast)

KD
Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
When does harmless puffery turn into a claim that needs proof? This episode examines a recent NAD decision involving Howies Hockey's "World's Highest Quality" advertising claim, exploring how context transformed a seemingly innocuous slogan into an objective representation requiring substantiation. The decision reveals how even broad boasts may lose their puffery protection when surrounded by specific, measurable product claims.
United States Consumer Protection

When does harmless puffery turn into a claim that needs proof? In this episode, we unpack a recent NAD decision involving Howies Hockey’s “World’s Highest Quality” advertising claim and why context made all the difference. While NAD found the slogan was puffery when it appeared on its own, the same claim became an objective representation requiring substantiation when placed alongside specific, measurable claims about adhesive strength, durability, consistency, and other product attributes. The decision offers an important reminder for advertisers: even a broad boast may lose its puffery protection when the surrounding context gives consumers a reason to interpret it as a measurable promise about product performance.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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