In Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir., May 3, 2018), the U.S. Court of Appeals for the Sixth Circuit affirmed the district court's dismissal of false advertising claims targeting photos on pet food packaging, finding plaintiff's complaint for false advertising did not plausibly allege that reasonable consumer deception in the context of the pet food market. Sixth Circuit precedent states that mere puffery is not actionable under the Lanham Act. The Court reasoned this was especially so "where the challenged practice seems to be industry standard" because reasonable consumers know that marketing involves some level of exaggeration. Further discussion of the decision can be found on Finnegan's INCONTESTABLE® Blog.
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