Showing posts with label Puffery. Show all posts
Showing posts with label Puffery. Show all posts

Friday, June 26, 2015

Any Reasonable Person

NOTE! If you are looking for a blog which is going to argue the pros or cons of gay marriage, look elsewhere. This blog is looking strictly at the way information of legalizing gay marriage was presented to the public, as well as the public’s reaction.  

There is a term in advertising called puffery. Basically, it allows companies to make bold, sweeping statements which, of course, any reasonable person will see as not the complete truth.

For instance, you may go to a restaurant that boasts “the best hamburgers in the world.” Do they have proof to back that up? Nope. Can you sue them for false advertising? The answer again is no.

The United States Federal Trade Commission (FTC) has gone as far as to say, “The Commission generally will not pursue cases involving obviously exaggerated or puffing representations, i.e., those that the ordinary consumers do not take seriously.”

The idea of puffery came to my mind when I read the United States Supreme Court ruling on legalizing gay marriage. All over the internet are phrases like “Love is Love” and hashtags including #ProudtoLove and ‪#‎marriageequality.

And why not? In the statement made by Justice Anthony Kennedy, he includes the following words, “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were.”

“Where’s the puffery in that?” you may ask. Hint: it is in the last sentence. Go ahead, read it again.

(Seriously, read the last line again.)

It says, “two people become something greater than once they were.” Two people. Any reasonable person will accept that the two people are not closely related by blood, are not already married, and are of consenting age. Right?

Someone (not me) could argue that the way this was phrased means that brothers and sisters could be married. After all, they are two people. And who is to say that the love between a brother and sister could not embody “the highest ideals of love, fidelity, devotion, sacrifice, and family”? Or is that just implied because any reasonable person would find it as unnatural?

How then, do those celebrating this case with terms like “Love is Love” (which, by-the-way breaks the common sense rule of using a word to define itself) counter when someone wants to use the same mantra to allow siblings to marry? Ah, once again, any reasonable person understands that when they state “Love is Love,” they don’t mean that.

Perhaps the president of the United States could clear things up. Let’s see, what did he say? Oh yes. He is quoted as saying on the ruling, “When all Americans are treated as equal we are all more free.”

All Americans, he said. Equal, he said. Of course, he didn’t mean siblings. After all, any reasonable person would know that.

But that then begs the question, what defines someone as a reasonable person? I’m going to propose that it is based on public opinion. Is that too far of a stretch? I don’t think so.

In 1996, a Gallup poll on acceptance of gay marriage showed only a 27 percent approval rating. In May, 2015, Gallup's findings were at a 60 percent approval rating for gay marriage. Apparently a lot more people became reasonable over the last twenty years.

The biggest problem, I see, is that the wording was too broad on the gay marriage ruling in some statements. In a sense, it used puffery.

There are those who are fighting to legalize marriage between siblings. There are those who are fighting to legalize marriage between more than one person. There are those who are even fighting to have the legal age for marriage lowered or eliminated.

To each of these groups fighting for their wants, they too, could argue “Love is Love” and that they are #ProudtoLove. But to them, there is no #marriageequality.

But that’s okay, right? After all, any reasonable person will see how misguided they are. At least until popular opinion changes. 

Tuesday, March 22, 2011

Deceit as a marketing tool

There is a term called "puffery". Ever heard of it? Maybe not. Have you seen examples of it? Oh yes, you most certainly have.

Puffery is a nice way of saying, "Okay, this product is making a claim that we really can't prove or disprove, so it really isn't against the law."

Heck, the US Federal Trade Commission even has definition for it: "a term frequently used to denote the exaggerations reasonably to be expected of a seller as to the degree of quality of his product, the truth or falsity of which cannot be precisely determined."

What are some examples of such a thing, you may ask. (Even if you don't ask, I'm going to show ya)



If there is actually a product that can do this, why are there so many wrinkly actors on TV?



It's the neon sign that really gives it credibility.



I'm glad it specified it as Planet Earth. I guess that's so we don't confuse it with Earth, South Dakota.



Ah, so they finally made their best pizza ever. I'll bet within a year we'll see they have a different pizza that is "new and improved." (By the way, which is it? New or Improved? How can it be both?)



These people have gone as far as to name their brand "World's Best". After all, millions of pounds of cat poop can't be wrong.

So what inspired me to write about this subject? I got a letter today that was addressed to me in normal handwriting. It was a smaller sized envelop--one that you would send to a friend. There wasn't a return address on it, which has me curious. I opened it up, and inside was a folded up newspaper page with the following sticking note:



"J? Who the heck is J?" I'll sometimes get stuff like this sent to me if it has a blurb about my book or about something I'm a fan of. I open it up and behold! (Granted my scanner isn't big enough for the whole page)



I don't usually call out people or companies by name, but I'm going to make an exception this time.

Shame on you Leith AutoPark Chrysler Jeep of Cary! It was obvious that you were trying to make me think that a friend sent me this incredible news--when in fact, it was all a marketing ploy. Was it illegal? No. Was it ethical? No. Would I want to buy a vehicle from someone trying to pull a fast one on me?

No.