Rodio v. Smith

In Rodio v. Smith, 123 N.J. 345, 587 A.2d 621 (1991), the Court was concerned in part with whether defendant's use of the slogan, "you're in good hands with Allstate," constituted either common law fraud or a violation of the Consumer Fraud Act . The Court found that the challenged language did not rise to the level of common law fraud because the slogan was not a statement of material fact. The slogan was also not a violation of the Consumer Fraud Act because it was mere "puffery" and therefore not false, deceptive, misrepresentative, or "any other unlawful practice within the ambit of the Consumer Fraud Act." Id. at 352, 587 A.2d 621.