united-states liability
Does a &quot;personal guarantee&quot; in an ad actually create a legal obligation for the person making the guarantee?
<p>I just saw this MyPillow ad:</p>
<p><a href="https://i.stack.imgur.com/2K4EV.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/2K4EV.jpg" alt="MyPillow ad with quote from Mike Lindell, owner of MyPillow: &quot;I personally guarantee it will be the most comfortable pillow you'll ever own!&quot;" /></a></p>
<p>If I buy a MyPillow for $19.98, and it isn't the most comfortable pillow I've ever owned, or I buy another pillow later and it's more comfortable, and the company refuses to replace it, could I (theoretically) sue Mike Lindell personally and demand $19.98 in damages?</p>

<h2>No</h2>
<p>If Mike is an employee of the company, then he is clearly making the guarantee as an agent for the company.</p>
<p>If Mike is a customer who gave a testimonial then no because he’s not actually promising anything and, even if he was, he’s not a party to the customer’s contract.</p>
<p>If Mike doesn’t exist, then this is false advertising.</p>
<p>In any event, the company is bound by the guarantee.</p>
