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Katherine Giles sued The Inflatable Store, Inc. ("TIS") for violating the Colorado Consumer Protection Act (the "Act") after Giles was severely injured while wearing TIS's mock sumo wrestling suit. TIS represented that its sumo equipment was the "best built, and safest." TIS argued that its "best built" and "safest" statements were puffery and were not actionable under the Act. The court found that the statement "best built" was an unquantifiable statement of opinion and therefore was insufficient to support a claim. However, the court found that the word "safest" could be reasonably construed as a measurable statement of fact that requires substantiation. TIP: Claims like "best," which are not linked to specific measurable attributes, are often seen as puffery, but more measurable claims like "safest" will likely require substantiation. |
