What distinguishes puffing from misrepresentation?

Puffing is distinguished from misrepresentation primarily because it involves subjective opinions rather than objective facts. When a seller engages in puffing, they are making exaggerations or subjective claims about a product or service that are perceived as opinions, like "this car is the best on the market," rather than factual statements. These subjective assertions are usually considered acceptable in marketing because they are understood by consumers as sales talk and not as factual claims that can be legally challenged.

In contrast, misrepresentation involves providing false statements of fact that can significantly mislead a buyer and may lead to legal liability. This difference is crucial because misrepresentation can result in legal consequences under consumer protection laws, while puffing generally does not.

The other options do not accurately capture the nature of puffing. For instance, puffing does not involve statements of fact nor does it necessitate legal advice, and it is not specifically covered by the Deceptive Trade Practices Act (DPTA) since it is characterized by opinion rather than deception of fact.