In their response to Gillis's lawsuit regarding failure of the iPhone 3G to perform as advertised - in part Apple's defense was:
"Plaintiff's claims, and those of the purported class,
are barred by the fact that the alleged deceptive
statements were such that no reasonable person in
Plaintiff's position could have reasonably relied on or
misunderstood Apple's statements as claims of fact,"
Yeah, the important part is in the header just before that response. "Puffing."
This refers to "puffery", a common advertising/marketing term. For example, the owner of a hamburger restaurant is permitted to claim he serves "the best hamburgers in the world" without actually producing an empirical study backing it up, because that claim is puffery, and nobody would reasonably take it literally.
I don't know which claim of Apple they are saying is puffery, but they do produce a lot of it ("magical" iPad, anyone?)
In their response to Gillis's lawsuit regarding failure of the iPhone 3G to perform as advertised - in part Apple's defense was:
http://www.wired.com/images_blogs/gadgetlab/files/apples_ans...