...PLC (2002) EWHC 116, while considering the question as to where the line is to be drawn between mere puffery and actionable statements, it was noticed that this question had been addressed by...drawn based on the test whether a reasonable man would take the claim of the alleged slanderer seriously or take it with the proverbial 'large pinch of salt' and dismiss it as mere puffery. If it is the...former then, it is a case of disparagement and if it is the latter then, it is a case of mere puffery which is not actionable." 55. The judgment reported as McDonalds...

...boast about the virtues of one's own goods, it is not permissible to disparage or denigrate a rival's product. In other words, where words go beyond mere puffery, it is actionable. Claiming superiority...

...this claim by the 1 Defendant is entirely incorrect and cannot possibly have any factual basis. It is mere puffery. It has not enjoyed the reputation, longevity, goodwill or publicity that the...

...construed as mere puffery in respect of the respondent's product Pepsodent GSP but constitute untrue statements of facts in relation to Colgate ST as well as Pepsodent GSP. 7. It is...serious claim and is liable to be viewed as such by any reasonable viewer and thus, the same cannot be considered as mere puffery or exaggeration and, as such, the claim would fall foul of the ASCI Code...puffing. It is contended that all claims which would be taken seriously by a reasonable man cannot be overlooked as puffery. It is contended that a claim of 130% better germ killing quality is a...

...statement which stops at being a mere puffery may be within the tolerance limits permitted by law, a claim which exceeds the said limit would amount to disparagement of the other people's products and.... Mellin. In that case the Chancery Division considered the question as to what amounted to a mere puffery and the distinction between a mere puff and an actionable disparagement. Since it is...“100% pure” as mere puffery, though both had the same connotation.LAW RELATING TO DISPARAGING ADVERTISEMENTS IN INDIA28. Turning to the development of law on...

...to where the line is to be drawn between mere puffery and actionable statements, it was noticed that this question had been addressed by Walton J in De Beers Abrasive Products Ltd. v...the claim of the alleged slanderer seriously or take it with the proverbial ‘large pinch of salt’ and dismiss it as mere puffery. If it is the former then, it is a case of disparagement and if it is the...latter then, it is a case of mere puffery which is not actionable.”In Colgate Palmolive (India) Limited v. Anchor Health & Beauty Care Pvt. Ltd. (supra), the...

..., undervaluing or commending a competitor's product, directly or indirectly, is disparagement.(iii) Mere puffery is not actionable. One can claim one's goods to be better than....102. However, the assertion, in the advertisement, that Pepsodent GSP was 130% more effective than Colgate ST in combating cavities, held the Court, was not mere puffery or hyperbole, but...in puffery.(vi) Mere puffery is not actionable. One can claim one's goods to be better than others. Extolling the virtues of the plaintiffs product as containing...

...would show that the commercial is not mere puffery or hyperbole, but is an effort to show the Plaintiff's product in a bad light and lower its quality. The message is that the girl consuming the...product is not identified. b. Puffery is permitted in advertising, however, serious misrepresentation of nutritional value under the garb of puffery cannot be done...by merely using cheeky language, even though the truth may be conveyed, the advertisement can be disparaging if the same misleads the consumer. If there is falsity in substance, the mere fact that the...

...”(emphasis supplied)This averment, submits Reckitt, is relevant as it establishes that the attack is on the rival product and not mere puffery of HLL's product. Counsel underlined...denigrates the reputation and goodwill of Reckitt's well established and leading brand. It not only showed that HUL's product was good (i.e puffery) but also very clearly depicts that Reckitt's...that mere statement that the defendant's goods are better than the plaintiff would not be actionable. This reasoning was upheld in Allen v. Flood, 1898 AC 1. Lindlay MR held that mere puffing would not...

.... (vi) Mere puffery is not actionable. One can claim one's goods to be better than others. Extolling the virtues of the plaintiffs product as containing...mere puffery or disparagement. 36 The Colour Blue 33. The...not convey an overall misleading message, seen from the stand point of the customer. (v) Puffery is the only exception, as puffery, by its...

...untrue, would be mere puffery. However, the first part of the advertisement, where the orange bar of soap has been slighted and shown in bad light and in fact, as something which is harmful, cannot but be...

...consumer. Puffery is not, therefore, to be tested on the anvil of truth. Some element of hyperbole and untruth is inherent in puffery.(vi) Mere puffery is not...learned senior counsel for the plaintiff submits that this is not mere puffery but is a false declaratory representation of fact which amounts to disparagement. He submits that in fact, ‘sasta amla...lower price. He submits that the above line is not in the form of an opinion amounting to puffery of its product by the defendant, but a false declaratory representation of fact that amounts to...

..., is not a case of mere puffery but of conscious generic disparagement of white salt. (vi) Mr. Sibal's contention that the assertions made by Puro in the impugned..., therefore, to be tested on the anvil of truth. Some elements of hyperbole and untruth is inherent in puffery. (vi) Mere puffery is not actionable. One can claim one's...the necessary locus to assail the impugned commercial, as an impermissible example of class disparagement. Puffery, submits Dr. Singhvi, is permissible in advertisement, and puffery also includes, in...

...property in the FIR was “mere puffery”, simply to demonstrate to the Police that the Respondent was a man of means. As such, it was submitted, the same might be a case of a false statement to the police...of the Bachav property, which the Respondent's counsel claimed was “mere puffery” and/or “a mistake”, did in fact turn out to exist and formed part of the Estate. The papers with regard to “Bharat Bone...hazardous to sentence on exercise of contempt jurisdiction on mere probabilities. In the present case the orders passed by this Court on 21 June 2012, 24 December 2013 and 29 June 2015 are each directing the...

..., therefore, is not a case of mere puffery but of conscious generic disparagement of white salt. (vi) Mr. Sibal's contention that the assertions made by Puro in the.... (vi) Mere puffery is not actionable. One can claim one's goods to be better than others. Extolling the virtues of the plaintiff's product as containing natural ingredients, absent in...Tata. Tata, therefore, possesses the necessary locus to assail the impugned commercial, as an impermissible example of class disparagement. Puffery, submits Dr. Singhvi, is permissible in advertisement...

...required to be kept in the Court's mind before deciding on whether the offending advertisement is disparaging or is a mere puffery are elucidated below:— a) While deciding...(2004) 77 DRJ 415. d) A ‘Serious’ comparison, false and misleading impugned advertisements are not mere puff. The respondent has.... Such admission is contrary to the respondent's claim that they were just giving mere imagery to the consumers to actively start questioning the number of ingredients in the Chyawanprash they buy. Ergo...

...features like power factor, life of bulb, it cannot be injuncted on the ground that the factor of brightness/lumens has not been mentioned. 52. In fact, mere trade puffery, even if...relating to disparaging advertisements is now well settled. While, it is open for a person to exaggerate the claims relating to his goods and indulge in puffery, it is not open for a person to...that of its competitors, it is implicit that the goods of his competitor‟s are inferior in comparison. To this limited extent, puffery in the context...

...factually true and correct. He stated that mere trade puffery, even if uncomfortable to the registered proprietor of the trade mark, would not bring the advertisement within the scope of the trade mark... 52. In fact, mere trade puffery, even if uncomfortable to the registered proprietor, does not bring the advertising within the scope of trade mark.... Learned senior counsel for the plaintiffs stated that the defendant's tagline "From Now On, Only Complan" was not a mere promotional statement and the said tagline sought a rejection of HORLICKS over...

...authoritative and reliable statement of fact or possible expert opinion, instead of as mere puff or sales-talk, is it capable of changing the opinion of the consumer about any goods.41...-type statements are commonly referred to as “puffery” and are not actionable as false comparative advertising because reasonable consumers could not believe these statements to be assertions of fact. It...was further opined that generally, puffery has four characteristics: it is general and vague; it makes a claim that is immeasurable, unquantifiable or unverifiable; it is presented as a subjective...

...sought by the complainant in the complaint is puffery and wildly exaggerated. The quantification of compensation has to be made by us based upon material evidence and not on the mere asking. We must...their contentions on the dispute. We do admit that mere non-reply to the lawyer notice issued by the opposite parties does not tantamount to admitting the contents of the notice as in some circumstances...