Question

The Lightning Rod is a fishing rod being introduced by Castaway Sports. At a preliminary meeting with its agency, the president of Castaway Sports mentions that the rod can improve casting distance for an average individual by more than 20 percent. The account executive asks if the president has data to support this, and the president says "Yes." The agency proceeds to produce a series of television spots featuring a well-known sports celebrity using the rod and rating it as excellent. The spots run on network television and trumpet the improved casting distance that the rod provides. The slogan of the spots is "Lightning Rod—The Finest Rod Ever Cast." After about a week, a competitor questions whether the rods really offer the improved performance Castaway Sports claims, and decides to file a complaint with the FTC.The slogan for the spot, "Lightning Rod—The Finest Rod Ever Cast," would most likely be considered by U.S. courts to be:A) a false and misleading statement, which needs to be retracted.B) a superlative, which must be provable.C) unethical, but not truly deceptive.D) puffery, which doesn't need to be proved or disproved.

Answer 1

Answer:

B) a superlative, which must be provable.

Explanation:

The slogan for the spot, "Lightning Rod—The Finest Rod Ever Cast," would most likely be considered by U.S. courts to be a superlative, which must be provable.