The Law Offices of H.W. Pfabé

As I’ve mentioned before, I volunteer a fair amount of my time with a number of Small Businesses and Start-Ups, and that means that I end up hearing a lot of pitches. Pitches aimed at potential Clients. Pitches aimed at potential Partners. Pitches aimed at potential Investors. Pitches aimed at potential Distributors. All kinds of pitches.

One common element? They all want to sound good. They all want to sound like the next big thing.

This tends to mean some exaggerating. The slightly more innocent “It sounds good, and come on, nobody believes this anyway” kind is known, in the legal field, as “puffery.” However, in reality, especially when dealing with health or fitness companies, it is also known as “deceptive.”

Generally speaking,...