The key difference, in terms of the Federal Trade Commission (FTC) and the courts, between puffery and a claim is that puffery is not considered to be a factual statement while a claim is considered to be a factual statement that can be proven true or false.

Question

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Puffery is a subjective statement that cannot be proven true or false, while a claim is a statement that can be proven true or false based on evidence, and is subject to scrutiny by the FTC and courts.

The Key Difference, in Terms of the Federal Trade Commission