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Unformatted text preview: ary consumers do not take seriously.”39 In general, the less specific the claim,
the less likely it is considered to be deceptive.
Papa John's Pizza may claim it has “Better ingredients, better pizza,” and the courts consider it
puffery. But if it claimed to make the top 1 percent of all pizzas, it would be deceptive, unless, of
course it could prove that claim. In making the “Better ingredients, better pizza” claim, Papa John's
also gave Domino's an effective means to introduce its recent marketing promise. F aced with
connect.mcg r aw- hill.com/connect/hmEBook.do?setTab= sectionTabs 2/3 9/15/13 M cGr aw- Hill Connect - Ebook widespread consumer complaints about its quality, Dominos changed its recipes and began
advertising the improvements, including a money-back guarantee for anyone who did not like the new
taste. T hen it conducted taste tests with its own and Papa John's pizza and trumpeted its victory by
contesting the “better” puffery claim.40
p. 551 In the end, puffery is acceptable as long as consumers know that the firm is stretching the truth
through exaggeration. But if the consumer knows it's puffery, then why bother?41
35. Herbert Jac k Rot feld and Charles R. Tay lor, “The Need for Int erdis c iplinary Res earc h of Advert is ing Regulation: A Roadmap for Avoiding Confus ion and Errors ,” J ournal of Advertis ing, W inter 2009.
36. Andrea Thomps on, “Mis leading Food Labels t o Get Mak eover, ” MSNBC. c om, Marc h 15, 2010, http://www.ms nbc .ms n.c om/id/35839186/ns /health-diet_and_nutrition/ (ac c es s ed Marc h 15, 2010).
37. Debra Hark er, Mic hael Hark er, and Robert Burns , “Tac k ling Obes it y : Developing a Res earc h Agenda for Advertis ing Res earc hers ,” J ournal of Current Is s ues & Res earc h in Advertis ing 29, no. 2 (2007), pp. 39–51; N.
Kapoor and D. P. S. Verma, “Children's Unders tanding of TV Advertis ements : Influenc e of Age, Sex and
Parents ,” Vis ion 9, no. 1 (2005), pp. 21–36; Catharine M. Cu...
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- Winter '08