De Beers Abrasive Products Ltd. v. International General Electric Company of New York Ltd.

[1975] 1 W.L.R. 972 (1975)

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De Beers Abrasive Products Ltd. v. International General Electric Company of New York Ltd.

England and Wales High Court of Justice
[1975] 1 W.L.R. 972 (1975)

SH

Facts

International General Electric Company of New York Ltd. (IGEC) (defendant) was the manufacturer and marketer of MBS-70, an abrasive cutting material made from synthetic diamonds. MBS-70 was a direct competitor of Debdust, a similar material made from natural diamonds. IGEC published a pamphlet that compared MBS-70 and Debdust based on alleged laboratory studies. The pamphlet claimed that MBS-70 outperformed Debdust in a number of tests, including blade life, required horsepower to complete cuts, and others. Debdust manufacturer De Beers Abrasive Products Ltd. and two other companies that distributed and retailed Debdust (collectively, De Beers) (plaintiffs) filed suit against IGEC on the grounds that the results of the tests were false and misleading. At trial, IGEC argued (1) that the statements in the pamphlet amounted to no more than glorified statements that MBS-70 was superior to Debdust and (2) that traders are entitled to claim their product is the best. De Beers argued that when a trader describes how a product is specifically superior, the comparison stops being puffery. IGEC filed a motion asking the court to strike De Beers’s statement of claims.

Rule of Law

Issue

Holding and Reasoning (Walton, J.)

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