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| *Ostroff, Fair and Company>>>Other - Advertising & Marketing |
Can you legally use the expressions "the Best" or "the Only" in an advertisment ? |
Can someone else challenge you to prove that you are "the best" pizza place in town, for example ? How about using the expression "the only" pizza place in town, even though you are clearly not the only one ? can someone say this is false advertising ? You can say "the best" as that's subjective. "The only" is not unless you are. You can be challenged there IMO. Wal*Mart used "Always the lowest price". They were challenged in court and lost. Now they say "Always low prices". You can use these words Only, if they are true. You can only use only if it is true. It is difficult to say something is the best, but that is dependent on opinion and is probably ok. I think you have to answer this question on two different levels. 1. You can make the claim as long as you have some reason to back it up. If you say, "the best" pizza place in town, that's an opinion, so that claim can be made. The pizza owner can clearly state ... we're the best because we make the biggest pizza's in town, or We're the best because our pizzas are the least expensive, or We're the best because we were voted as such in a contest, or We're the best because we are the only ones who offer unlimited toppings at no extra cost. Saying you are the ONLY pizza place in town is a lie. That one is not asking someone to believe an opinion, but rather stating a mistruth, because it can be proven false. 2. There is an ethical level here too. When you make a business statement such as, This is the best pizza in town, they should be able to explain why if a customer asks or it should be placed in fine type at the bottom of their literature. If it is a lie and they have no basis to believe that their pizza is the best in town, then it is ethically false advertising even though you can't prove it. My suggestion, if you want to make a claim, back it up with action! If you want to be the best taste and value, check out other pizza places and see why people like them so much ... then resolve to make a better version. Once you do that, and people agree, then you really WILL be the best in town. |
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