Search Site

Products And Fraud

Today, Your Legal Corner will discuss “Products and fraud.”

Commercials, while hugely entertaining at times, can be filled with innuendos and half-truths. Have you ever listened closely to the claims made about products? When it comes to purchasing a product, seeing, truly is believing.

If you watch your favorite TV show for even 30 minutes, you will be bombarded with commercials trying to sell you just about anything. Over ninety seconds, it could be a car, insurance, food or a website to meet that special someone. There are also the commercials that are wildly funny but I forget what product they are trying to get me to purchase!

It is very important to remember, just because it is on TV does not make it true. Here are just some examples. Kia and Hyundai car manufacturers had to send gas cards to their customer who bought certain model cars between 2011 and 2013 because of misrepresentations made regarding gas mileage.

A New Jersey man who complained that their footlong sandwiches were not really 12 inches or a foot long sued Subway. This did not surprise me as Jersey residents take their food seriously.

The question is where do you draw the line between exaggeration and false advertisement?


Believe it or not, puffery is a legal term that means a statement that is exaggerated or generalized that no consumer could reasonably rely upon.

For example, Snapple was sued because it advertised that its drinks were made with “the best stuff on earth.” The plaintiff argued that Snapple was misleading their customers because their ingredients included high fructose corn syrup and were not all natural.

After lengthy litigation, the lawsuit was dismissed because it was determined that Snapple’s customers really did not believe these beverages were all natural but bought them because they thought they were “fun.” The court found this to be a case of pure puffery.

False Advertisement

However, where an advertiser makes statements that are factual, objective or quantifiable without any reasonable basis to believe these statements are true, they may be engaging in false advertising.

Red Bull is hugely popular, especially with young males. In one of their advertisements, they boasted that red Bull “gives you wings.” Certainly this statement is beyond belief and is purely puffery.

However, on their website, Red Bull also made the claim that their product was “scientifically proven” to improve athletic performance.” When it was determined that the scientific evidence for this claim was lacking, Red Bull agreed to settle the lawsuit.

Most states, including New Jersey, have laws protecting consumers from false or deceptive claims made by companies about their products. Please consult with an attorney if you believe you have fallen victim to false advertising. The next time you feel yourself falling for the promises made in a commercial, please remember to listen carefully and that, seeing is believing!

Till next time, God bless, keep smiling, when Your Legal Corner, will discuss “Employment and Expungements.”

Victoria M. Dalton is an attorney with the law offices of Hoffman DiMuzio.

Send questions, or comments to Victoria at [email protected]. Or call 856-845-8243.

Please note that Your Legal Corner was created to provide educational articles about the law and is not legal advice.


Speak to a proven New Jersey attorney now
Call 856.238.5183 or click to schedule your consultation
  • 5-Star Review

    Posted On

    "We came to the office upset, concerned and profoundly unsure of what to do. Mr. Hoffman sat with us, explained options, reassured us and told us he would be there for us. He more than delivered on that commitment. If you are considering a legal firm, go no further, Hoffman-DiMuzio needs to be your choice."

  • 5-Star Review

    Posted On

    " Joe Hoffman is amazing. We cannot say enough about how well we were treated from the moment we sat down until the positive resolution! Stellar customer experience!"

  • 5-Star Review

    By Renee Zagarella

    "Wonderful, knowledgeable, kind, and informative! Within days following my free consultation, I was provided with an overview of my appointment with helpful information about my case. I truly appreciate the recommendation I was given at this firm."

  • 5-Star Review

    By Anita Campana

    "I was so very impressed with Hoffman DiMuzio from the moment I walked in. Everyone I had come across was so professional and courteous."

  • 5-Star Review

    By Mike W

    "Hoffman DiMuzio is a top notch firm. Their attorneys and staff are extremely knowledgeable and go above and beyond for you. I recommend them to everyone in need of legal service."

  • 5-Star Review

    By Harry McCormick

    When my significant other was falsely accused of committing a crime, there was only one place to turn. that place was hoffman dimuzio.

  • 5-Star Review

    Posted On Google

    "Joe Hoffman Jr took on our case and fought tooth and nail for us. Exposing the truth and serving justice for us, we felt completely vindicated. For any legal matter, criminal, traffic or otherwise, they gained two very satisfied life long customers! Thank you Mr Hoffman!"

Joseph J.  Hoffman, Jr. Attorney Photo
Joseph J. Hoffman, Jr.
Senior Partner

For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

Kenneth A. DiMuzio, Sr. Attorney Photo
Kenneth A. DiMuzio, Sr.
Senior Partner

An attorney with over 45 years of professional experience, Mr. DiMuzio concentrates his practice on personal injury and workers’ compensation matters. A graduate of Georgetown University Law School and a native of Gloucester County, Mr. DiMuzio has been honored time and again for his professionalism and ethics in the practice of law.

Ernest L.  Alvino, Jr. Attorney Photo
Ernest L. Alvino, Jr.

Ernest L. Alvino, Jr. About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as…

Anooshay Asim Attorney Photo
Anooshay Asim

About Anooshay Asim Ms. Anooshay Asim is a family law attorney with The Law Offices of Hoffman DiMuzio. Her practice is focused on divorce and child custody matters. Prior to joining Hoffman DiMuzio, Ms. Asim was an avid traveler and had even lived in numerous cities across the United States as well as internationally. Her…

Jeremiah J. Atkins Attorney Photo
Jeremiah J. Atkins

Jeremiah J. Atkins About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts and administrative agencies, with a focus on discrimination, retaliation, sexual harassment, family leave and whistleblowing claims. Mr. Atkins also regularly represents the interests…

  • Imagine... One law firm, for life.

    New Jersey attorneys for all legal matters

    For all life's stages. For all South Jersey.

Six convenient locations

We'll meet at the office nearest you

  • Franklinville
    Lawyers Near Franklinville
  • Turnersville
    Lawyers Near Turnersville
  • Mullica Hill
    Lawyers Near Mullica Hill
  • Woodbury
    Lawyers Near Woodbury
  • Sewell
    Lawyers Near Sewell
  • Philadelphia
    Philadelphia Office
  • AV Preeminent
    Top Attorneys NJ
    Best Lawyer Award
    Best Trial Lawyers
  • AV Preeminent
  • Best Attorneys NJ
  • Best Lawyer Award
  • Best Trial Lawyers
Take action now by filling out the form below

Submitting this form does not create an attorney-client relationship, but a lawyer from our firm will contact you as soon as possible.

Quick Contact Form