It's hard to tell if Michael Vick is scared of being shot on field, is as injury-prone as everyone says, or is just promoting a product with his new flak jacket. Whatever the case may be, the CEO of the maker of the jacket, Unequal Technologies, has guaranteed that Vick will not be injured while wearing the jacket, according to NBC10.
So will the vest protect Vick from an injury to his ribs this season, or will he have to sit out a game or more and Unequal Technologies' CEO will have to eat his hat? The real question is whether the CEO just made a statement that could be thought of as false advertising.
A false advertising claim is a type of fraud claim where a company can be liable for misleading the public about its product. The law is meant to protect customers from unscrupulous claims made by retailers and manufacturers.
The other side of this coin is what is known as "puffery" or an exaggeration made by a salesman that is not meant to be taken as a statement of fact. An example would be a car salesman saying that the new hybrid sedan is the best in the world, as opposed to saying that it got 100 miles per gallon when it really got 50.
Here, it seems like the CEO's statement sits on the line of puffery and a statement of fact. Saying that someone will not get injured at all while wearing a product could possibly only be the puffing of a product. However, using the word "guarantee" might change everything, because a guarantee is usually used to back up a fact about a product.
But if we look at how the word guarantee is used in the marketplace, it only means that a company will reimburse or repair a product that does not meet its guaranteed performance. It is not the equivalent of saying that the product will not break during the 90 days, just that it should not break.
Whether the CEO was puffing his product or not, at least he gives the IgglePhans something to talk about.
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