The key difference, in terms of the 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 an exaggerated statement or opinion that is not meant to be taken literally and is not considered a factual statement. On the other hand, a claim is a factual statement that can be proven true or false and is subject to regulation by the FTC and the courts.

The Key Difference, in Terms of the FTC and the Courts