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Case Law Highlights Puffery as a Defense to Consumer Fraud Class Actions
Increasingly, consumer class actions focus on product advertising, rather than traditional product liability theories. This trend is based on state consumer protection statutes that ease the reliance requirement applicable to common law fraud claims. Chadbourne & Parke attorneys Thomas Riley and Ellen Black describe court decisions that recognize that a claim can't be based on a statement that merely expresses the manufacturer's opinion or that sets forth a subjective description of the product's qualities.