puffing

Puffing, also known as puffery, refers to exaggerated or promotional statements about a good or service made in the course of marketing or sales. Such statements typically express opinions, optimism, or subjective assessments rather than verifiable facts, and are made with the aim of encouraging a prospective buyer to complete a transaction.

Puffing is distinct from fraud. Fraud involves a false statement of material fact made with the intent that another party rely on it, reasonable reliance by that party, and resulting injury. By contrast, puffing statements are generally understood as opinions or sales talk that no reasonable buyer would treat as factual representations. Because they are not statements of fact, puffing statements ordinarily cannot support claims for fraud.

Puffing statements generally do not create liability for breach of warranty. However, if a seller’s statements go beyond general opinion or exaggeration and amount to specific, factual promises about a product or service, those statements may form the basis of an express warranty or, in some circumstances, support an implied warranty claim.

[Last reviewed in February of 2026 by the Wex Definitions Team] 

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