Pavlova

Pavlova (pronounced pav-luh-vuh, pahv-loh-vuh, pav-luh-vuh or pah-vluh-vuh (Russian)).

A meringue cake, topped typically with whipped cream and fruit or confections.

Circa 1930: Named after Russian ballet ballerina Anna (pronounced ah-nuh) Pavlova (1885-1931).  Pavlova is a transliteration of the Russian surname Па́влова (Pávlova), the feminine variant of Па́влов (Pávlov).  Pavlova is a noun (pav the usual contraction); the noun plural is pavlovas.

Julia from Pampered Menial (1975) by Pavlov’s Dog.

Although coined at much the same time, the adjective Pavlovian is unrelated Ms Pavlova or meringue cakes.  It refers to the theories & experimental work of Russian physiologist Ivan Petrovich Pavlov (Ива́н Петро́вич Па́влов; 1849-1936), especially in connection with the conditioned salivary reflexes of dogs in response to the mental stimulus of the sound of a bell (in the West, his work was in 1911 originally referred to as the “Pavloff method” because of a misunderstanding by editors).  His work was a landmark in experimental behavioralism, inducing a dog associatively to link a biologically potent stimulus (food) with a previously neutral stimulus (a bell).  The phrase “Pavlov’s dog” entered English to describe a conditioned response (reacting to a situation on the basis of taught behavior rather than reflectively).  One interesting aspect of comrade Pavlov’s career is that he made no secret of his opposition to many aspects of communism in the Soviet state built by comrade Stalin (1878–1953; leader of the USSR 1922-1953), on occasions making his views plain even to the general secretary himself.  Despite that, no action appears ever to have been taken against him and after he died (at 86 of natural causes), he was granted a grand funeral.

Anna Pavlova with Jack.

Anna Pavlova was famous for her interpretation of The Dying Swan, a solo dance choreographed by Mikhail Fokine (1880-1942) to Camille Saint-Saëns's (1835-1921) Le Cygne (The Swan) from Le Carnaval des animaux (The Carnival of the Animals (1922)), commissioned as a pièce d'occasion (an artistic work produced for a special event) for the ballerina who performed it on some 4000 occasions.  It's a short, intense piece which follows the last moments of a swan.  Ms Pavlova for years kept a pet swan called Jack.

New Zealand is a small country in the remote South Pacific which has over the years produced some notable figures such as (1) Lord Rutherford (1871–1937) who, although a physicist who regarded other branches of science as mere forms of engineering which worked within the laws of physics, was awarded the 1908 Nobel Prize in chemistry and is most remembered for his work which led to the atom being split in 1932, (2) Sir Edmund Hillary (1919–2008) who, with the Sherpa mountaineer Tenzing Norgay (1914–1986), was the first to ascend Mount Everest and (3) Sir David Low (1891–1963) who was among the most noted and prolific political cartoonists between the troubled 1930s and the early Cold War years.  The country has also for more than a century fielded what has been usually the world’s most successful rugby union side (the recent inconsistency of the All Blacks not withstanding) and memories are long, the try disallowed by a Scottish referee in a 1905 test against Wales at Cardiff Arms Park still a sore point.

Mango, passion fruit & limoncello pavlova.

Less bitter but no less contested than the matter of the disallowed try is the origin of the Pavlova, the invention of which is claimed by both Australia and New Zealand.  What all agree is the cake is a mixture of egg whites and sugar, topped usually with cream and fresh fruit, named after the Russian ballerina Anna Pavlova who toured both countries during the 1920s.  Researchers on both sides of the Tasman Sea (referred to by locals as “the ditch”) have long trawled cook books and newspapers to find the earliest entry but according to the Oxford English Dictionary (OED), New Zealand appears to hold the evidential advantage, a recipe from there having been verified as published in 1927 while the oldest claimed entry from Australia dates from 1935.  That however resolves only the use of Ms Pavlova’s name as the description, pastry chefs adding cream to meringue known even in the nineteenth century and the 1927 recipe in the book Davis Dainty Dishes, published by the Davis Gelatine company, was a multi-colored jelly concoction.  New Zealand’s historians of food concede the culinary point but cite recipes from 1928 & 1929 which are definitely of meringue, cream and fruit.  Strangely perhaps, the OED remained on the lexicographical fence, listing the origin as an ambiguous "Austral. and N.Z."

Espresso martini pavlova

Preparation: 1 hour

Cooking: 2 hours:

Serves: 10-12

Ingredients

8 egg whites
Pinch of cream of tartar
1 tablespoon ground coffee powder
430 gm (2 cups) caster sugar
2 tablespoons of corn-flour
1 teaspoon white vinegar
600 ml (l carton) thickened cream
125 ml (½ cup) coffee liqueur
2 teaspoons cocoa powder
Chocolate-coated coffee beans (to decorate)
Dark chocolate curls (to decorate)
Coffee vodka syrup
2 tablespoons vodka
2 teaspoons arrowroot
100 grams (½ cup, firmly packed) brown sugar
125 ml (½ cup) prepared espresso coffee

Instructions

(1) Preheat oven to 120^oC (100 ^oC fan forced) (250^oF (210 ^oF fan forced).  Draw a 200 mm (8 inch) circle on 2 sheets of baking paper.  Place each sheet, marked side down, on a baking tray.

(2) Use an electric beater with a whisk attachment to whisk the egg whites and cream of tartar in a clean dry bowl until firm peaks form.  Gradually whisk in the coffee powder.  Add the sugar, 1 tablespoon at a time, whisking constantly until the sugar dissolves and the mixture is thick and glossy.  Beat in the corn-flour and vinegar.

(3) Divide meringue mixture among the 2 marked circles on the prepared trays. Use a palette knife to spread mixture into 2 evenly shaped discs.  Bake for 2 hours or until meringues are dry and crisp.  Turn off oven. Leave meringues in the oven, with the door slightly ajar, until cooled completely.

(4) Meanwhile, to make the coffee vodka syrup, combine the vodka and arrowroot in a small bowl.  Combine the sugar and coffee in a small saucepan.  Bring to the boil over high heat, stirring, until the sugar dissolves. Reduce heat and simmer for 3 minutes or until the syrup has thickened slightly.  Stir in the vodka mixture and return to the boil, boiling for 1 minute or until thickened.  Remove from heat and transfer to a small bowl and set aside to cool.  Place in the fridge until required.

(5) Use electric beaters to beat the cream in a bowl until soft peaks form. Beat in the coffee liqueur and cocoa until firm peaks form.

(6) Place 1 pavlova disc on a serving plate. Top with half the cream mixture. Drizzle with a little coffee vodka syrup. Scatter with coffee beans and chocolate curls.  Repeat with the remaining disc, cream mixture, syrup, coffee beans and chocolate curls.  Serve.

Auckland Airport, New Zealand, December 2023.

Laconic

Laconic (pronounced luh-kon-ik)

(1) Using few words; expressing much in few words.

(2) A reply or phrase of this character.

1580–1590: From the Latin Lacōnicus (Spartan) from the Ancient Greek Λακωνικός (Lakōnikós) (Laconian) from Lakōn (a Laconian).  Laconia was the region inhabited and ruled by the Spartans, noted for their economical use of language.  The alternative spelling laconick is long obsolete.  Because of the long history, there's no exact synonym but words in a similar vein include terse, brusque, pithy, brief, compact, compendious, concise, crisp, curt, sententious, short and sweet, succinct, breviloquent & brevity.  Laconic & laconical are adjectives, laconism is a noun and laconically is an adverb; the noun plural is laconisms.

Taking Hemlock with Socrates, gracefully

In Antiquity, Laconia was the region inhabited and ruled by the Spartans, known for their brevity in speech and in English, the meaning "concise, abrupt" emerged in the 1580s (although laconical was created and went extinct a decade earlier).  The origin of this sense was when Philip II of Macedon (382–336 BC; king (basileus) of Macedonia 359-336) threatened the Spartans with the words: "If I enter Laconia, I will raze Sparta to the ground." to which the Spartans' replied: "If."  Although allied when faced with the threat of Persian invasion, Athens and Sparta had a long tradition of enmity, realized most famously in the Peloponnesian War (431–404 BC).  Their differences were cultural as well as political for while the Spartans were known for their dry, understated wit (which we now call "laconic humor"), the Athenians more readily displayed their "Attic wit" (the Attic peninsula the region encompassing the city of Athens), something refined, poignant and delicate, though often not brief.

Death of Socrates (1787), oil on canvas by Jacques-Louis David (1748–1825), Metropolitan Museum of Art, New York.

In Ancient Greece, it was in Athens that art, education and literature was most valued, virtues never forgotten by modern historians, many of whom contrast the earthier Spartans unfavorably although, at the time, perhaps not all Athenians shared the view.  Socrates (circa 470–399 BC), in Plato's (circa 427-348 BC) dialogue Protagoras, detected some cleverness in the Spartans' economy of language which hid their wisdom, revealing sometimes with a brief remark a sophistication of thought and understanding.  Scholars tend however to take this with a grain of Attic salt, noting Socrates’ fondness for a little gentle irony.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.

The Laconia Order

The Laconia-Befehl (Laconia Order) was one of the more controversial documents submitted by the prosecution to the International Military Tribunal (IMT) which in 1945-1946 presided over the trial of the leading Nazis.  The order was issued in 1942 by Grand Admiral Karl Dönitz (1891–1980; head of the German Navy 1943-1945, German head of state 1945) which he was commanding officer of the Kriegsmarine's (the German Navy) Befehlshaber der Unterseeboote (BdU) (U-boat or submarine) fleet and was pursuant to what became known as the Laconia Incident.  RMS Laconia was a Cunard ocean liner which the British Admiralty had converted to an armed merchant cruiser, making her a legitimate military target.  On 12 September 1942, she was sunk in a U-Boat attack and in the aftermath, while several U-Boats were rescuing survivors with the intention of transferring them to other vessels, they were attacked by US bombers, despite having informed Allied forces by radio that both the Allied soldiers and women and children had been rescued and were sheltering on the decks of the submarines.

In response, the Germans abandoned the rescue operation and cast the survivors adrift.  The new policy was formalized on 17 September when the Laconia Order was signalled to the fleet, dictating, inter alia, henceforth no rescue attempts of survivors were to be attempted unless it was to secure prisoners of military value (captains or ships' engineers) and then only if there was no risk to the U-Boat.  The British prosecution team introduced the order as evidence of a war crime ordered by Dönitz which effectively amounted to ordering the murder of shipwrecked survivors and treated it as the beginning of "unrestricted submarine warfare".  However, the British seem genuinely to have been unaware of the circumstances which led to the issuing of the order and the Americans certainly didn't wish to discuss the conduct of their air-crews, some of whom had been awarded medals for the attack, even though their claim to have sunk the U-Boat were erroneous (though understandable, a crash dive and a sinking visually similar when viewed from the air.  The IMT noted the ambiguity in the order but in the circumstances granted Dönitz the benefit of the doubt and they were further swayed by the affidavit of Fleet Admiral Chester Nimitz (1885–1966) who commanded US forces in the Pacific.  Nimitz's submission, supported by others was that the US had conducted unrestricted submarine warfare from the point of the nation's entry into the conflict in December 1941 and that such a policy was wholly lawful under the rules of war at sea.

Defendants in the dock at Nuremberg, Dönitz (in sun glasses), sitting in the back row.

Thus the partial success of Dönitz's sophisticated variation of a tu quoque defense, an attempt by an accused to deny the legitimacy of a charge by alleging those mounting the prosecution committed exactly the same offence and thus stand equally guilty.  The IMT had explicitly banned the use of tu quoque but allowed the argument in this one case because it hung on the notion that unrestricted submarine warfare was, as practiced by both sides, entirely lawful and within the rules of war at sea.  A great many British & US sea captains and admirals agreed (“admirals are a trade union” Anthony Eden (1897-1977; UK prime-minister 1955-1957) would later remark in another context).  The judges must have been impressed but the eventual judgement was certainly murky.  Although convicted on counts two (crimes against peace) and three (war crimes), he received only a ten-year sentence, the shortest term of the seven imposed on those not hanged or acquitted.  Perhaps tellingly, one has to read the summary of the verdicts to work out against which of the indictment's four counts he had been convicted; it really isn't possible to work it out from the judgment and it wasn't until later it emerged it had been written by one of the judges who had voted for his acquittal.

Futurism

Futurism (pronounced fyoo-chuh-riz-uhm)

(1) A movement in avant-garde art, developed originally by a group of Italian artists in 1909 in which forms (derived often from the then novel cubism) were used to represent rapid movement and dynamic motion  (sometimes with initial capital letter)

(2) A style of art, literature, music, etc and a theory of art and life in which violence, power, speed, mechanization or machines, and hostility to the past or to traditional forms of expression were advocated or portrayed (often with initial capital letter).

(3) As futurology, a quasi-discipline practiced by (often self-described) futurologists who attempt to predict future events, movements, technologies etc.

(4) In the theology of Judaism, the Jewish expectation of the messiah in the future rather than recognizing him in the presence of Christ.

(5) In the theology of Christianity, eschatological interpretations associating some Biblical prophecies with future events yet to be fulfilled, including the Second Coming.

1909: From the Italian futurism, the construct being futur(e) + -ism.  Future was from the Middle English future & futur, from the Old French futur, (that which is to come; the time ahead) from the Latin futūrus, (going to be; yet to be) which (as a noun) was the irregular suppletive future participle of esse (to be) from the primitive Indo-European bheue (to be, exist; grow).  It was cognate with the Old English bēo (I become, I will be, I am) and displaced the native Old English tōweard and the Middle English afterhede (future (literally “afterhood”) in the given sense.  The technical use in grammar (of tense) dates from the 1520s.  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Futurism, futurology, & futurology are nouns, futurist is a noun & adjective and futuristic is an adjective; the noun plural is futurisms.

Lindsay Lohan in Maison Martin Margiela Futuristic Eyewear.

As a descriptor of the movement in art and literature, futurism (as the Italian futurism) was adopted in 1909 by the Italian poet Filippo Tommaso Marinetti (1876-1944) and the first reference to futurist (a practitioner in the field of futurism) dates from 1911 although the word had been used as early as 1842 in Protestant theology in the sense of “one who holds that nearly the whole of the Book of Revelations refers principally to events yet to come”.  The secular world did being to use futurist to describe "one who has (positive) feelings about the future" in 1846 but for the remainder of the century, use was apparently rare.  The (now probably extinct) noun futurity was from the early seventeenth century.  The noun futurology was introduced by Aldous Huxley (1894-1963) in his book Science, Liberty and Peace (1946) and has (for better or worse), created a minor industry of (often self-described) futurologists.  Futures, a financial instrument used in the trade of currencies and commodities appeared first in 1880; they allow (1) speculators to be on price movements and (2) producers and sellers to hedge against price movements.  In theology, the adjective futuristic came into use in 1856 with reference to prophecy but use soon faded.  In concert with futurism, by 1915 it referred in art to “avant-garde; ultra-modern” while by 1921 it was separated from the exclusive attachment to art and meant also “pertaining to the future, predicted to be in the future”, the use in this context spiking rapidly after World War II when technological developments in fields such as ballistics, jet aircraft, space exploration, electronics, nuclear physics etc stimulated interest in such progress.

The Arrival (1913, oil on canvas by Christopher Richard Wynne Nevinson (1889-1946), Tate Gallery.

Given what would unfold over during the twentieth century, it’s probably difficult to appreciate quite how optimistic was the Western world in the years leading up to the World War I.  Such had been the rapidity of the discovery of novelties and of progress in so many fields that expectations of the future were high and, beginning in Italy, futurism was a movement devoted to displaying the energy, dynamism and power of machines and the vitality and change they were bringing to society.  It’s also often forgotten that when the first futurist exhibition was staged in Paris in 1912, the critical establishment was unimpressed, the elaborate imagery with its opulence of color offending their sense of refinement, now so attuned to the sparseness of the cubists.

The Hospital Train (1915, oil on canvas by Gino Severini (1883-1966), Stedelijk Museum.

Futurism had debuted with some impact, the Paris newspaper Le Figaro in 1909 publishing the manifesto by Italian poet Filippo Tommaso Marinetti. Marinetti which dismissed all that was old and celebrated change, originality, and innovation in culture and society, something which should be depicted in art, music and literature. Marinetti exalted in the speed, power of new technologies which were disrupting society, automobiles, aeroplanes and other clattering machines.  Whether he found beauty in the machines or the violence and conflict they delivered was something he left his readers to decide and there were those seduced by both but his stated goal was the repudiation of traditional values and the destruction of cultural institutions such as museums and libraries.  Whether this was intended as a revolutionary roadmap or just a provocation to inspire anger and controversy is something historians have debated.

Uomo Nuovo (New Man, 1918), drawing by Mario Sironi (1885-1961).

As a technique, the futurist artists borrowed much from the cubists, deploying the same fragmented and intersecting plane surfaces and outlines to render a number of simultaneous, overlaid views of an object but whereas the cubists tended to still life, portraiture and other, usually static, studies of the human form, the futurists worshiped movement, their overlays a device to depict rhythmic spatial repetitions of an object’s outlines during movement.  People did appear in futurist works but usually they weren’t the focal point, instead appearing only in relation to some speeding or noisy machine.  Some of the most prolific of the futurist artists were killed in World War I and as a political movement it didn’t survive the conflict, the industrial war dulling the public appetite for the cult of the machine.  However, the influence of the compositional techniques continued in the 1920s and contributed to art deco which, in more elegant form, would integrate the new world of machines and mass-production into motifs still in use today.

Jockey Club Innovation Tower, Hong Kong (2013) by Zaha Hadid (1950-2016).

If the characteristics of futurism in art were identifiable (though not always admired), in architecture, it can be hard to tell where modernism ends and futurism begins.  Aesthetics aside, the core purpose of modernism was of course its utilitarian value and that did tend to dictate the austerity, straight lines and crisp geometry that evolved into mid-century minimalism so modernism, in its pure form, should probably be thought of as a style without an ulterior motive.  Futurist architecture however carried the agenda which in its earliest days borrowed from the futurist artists in that it was an assault on the past but later moved on and in the twenty-first century, the futurist architects seem now to be interested above all in the possibilities offered by advances in structural engineering, functionality sacrificed if need be just to demonstrate that something new can be done.  That's doubtless of great interest at awards dinners where architects give prizes to each other for this and that but has produced an international consensus that it's better to draw something new than something elegant.  The critique is that while modernism once offered “less is more”, with neo-futurist architecture it's now “less is bore”.  Art deco and mid-century modernism have aged well and it will be interesting to see how history judges the neo-futurists.

Puffery

Puffery (pronounced puhf-uh-ree)

(1) Undue or exaggerated praise; inflated laudation; publicity, claims in advertising, acclaim etc, that are exaggerated (also known as the “puff piece”).

(2) In common law jurisdictions (often as “mere puffery), certain claims or assertions made which, even if literally untrue or misleading, are not actionable.

(3) An act of puffing (rare except in humor).

1730–1735: The construct was puff (in the sense of “to praise with exaggeration”) + -ery.  The noun puff was from the early thirteenth century Middle English puf, puffe, puff & puf, from the Old English pyf (a short, quick blast of wind, act of puffing) which was imitative and cognate with the Middle Low German puf & pof.  It was derived from the verb which was from the Middle English puffen, from the Old English pyffan & puffian (to breathe out, blow with the mouth) and similar forms in other European languages included the Dutch puffen, the German Low German puffen, the German puffen, the Danish puffe and the Swedish puffa.  The sense of “to blow with quick, intermittent blasts” was common by the mid-fourteenth century while the meaning “pant, breathe hard and fast” emerged some decades later.  It was used of the “fluffy light pastry" from the late fourteenth century while the “small pad of a downy or flossy texture for applying powder to skin or hair” was first so described in the 1650s.

The meaning “to fill, inflate, or expand with breath or air” dates from the 1530s while the intransitive sense (in reference to small swellings & round protuberances) was noted by 1725.  The transitive figurative sense of “exalt” was known by the 1530s which shifted somewhat by the early eighteenth century into the meaning “praise with self-interest, give undue or servile praise to”, the idea by mid century focused on the figurative sense of “empty or vain boast”, this sense soon extended to mean “flattery & inflated praise”.  The derogatory use of poof for “an effeminate man; a male homosexual” was noted from the 1850s and is presumably from puff (possibly in the sense of “powder puff”, an allusion to the stereotype of their “excessive concern with maintaining a delicate appearance”)) and the extended form “poofter” was early twentieth century Australian slang, an unusual linguistic departure for a dialect which tended either to clip or add a trailing “e”, “y” or “o” sound to words.  The correct spelling for the furniture piece (A low cushioned seat with no back; a padded foot-stool) was pouf, from the French pouf & pouff (again of imitative origin) but, presumably because of confusion caused by the pronunciation, the spellings puff & poof sometimes are used.  The suffix -ery was from the Middle English -erie, from the Anglo-Norman and Old French -erie, a suffix forming abstract nouns.  The suffix first occurs in loan words from the Old French into the Middle English, but became productive in English by the sixteenth century, sometimes as a proper combination of -er with “y” (as in bakery or brewery) but also as a single suffix (such as slavery or machinery).  Puffery is a noun; the noun plural is pufferies.

Mere puffery

In law, the concept of “mere puffery” was created to provide a buffer between the “meaningless” sales pitch and the deceptive or misleading claims which amount to a misrepresentation.  A misrepresentation may be actionable; “mere puffery” is not.  Puffery is used to describe a claim that (1) a “reasonable person” would not take seriously or (2) is so vague or subjective that it can be neither proved nor disproved.  Those two definitions operate in conjunction because even if an assertion can be disproved, if it would be absurd for the “reasonable person” to claim they believed it, it will be held to be “mere puffery”.

Doubling down: Disappointed at losing the case based on their £100 offer, to restore public confidence, they offered £200. 

In contract law, the term “puffery” comes from one of the most celebrated cases in English jurisprudence: Carlill v Carbolic Smoke Ball Company (1892, EWCA Civ 1) before the Court of Appeal.  During the deadly influenza pandemic in the northern winter of 1889-1890, the Carbolic Smoke Ball Company it would pay £100 (equivalent to some £14,000 in 2023) to anyone who became ill with influenza after using their smoke ball in accordance with the instructions enclosed with the product.  Mrs Carlill was concerned enough by the flu to buy a ball which, following the instructions, she used thrice daily for some weeks but nevertheless, caught the flu.  Unable to persuade the company to pay her £100, Mrs Carlill brought an action, in court claiming a contract existed which the company denied.  At first instance, despite being represented by a future prime-minister, the Carbolic Smoke Ball Company lost, a verdict upheld unanimously by the Court of Appeal.  It was a landmark in the development of contract law, refining the long-established principles of (1) offer, (2) acceptance, (3) certainty of terms and (4) payment although it would be decades before the implications would begin comprehensively to be realized in legislation.  Not only did Mrs Carlill secure her £100 but she survived the pandemic, living to the age of ninety-six.  On 10 March 1942, she died after catching influenza.

So, Mrs Carlill, having used the smoke ball three times a day for almost two months before she developed influenza sued for breach of contract and the court held the offer made in the advertisement was not “mere puff” but constituted a valid offer of contract; the Smoke Ball Company’s offer was thus a misrepresentation because, in the particular circumstances detailed, a “reasonable person” would be likely to believe that they would receive £100 and thus, relying on the claim, be persuaded to purchase the product.  However, all the circumstances must be considered on a case-by-case basis and an individual’s simple reliance on a claim they sincerely believe to be true is not sufficient to for something to be held a misrepresentation.

In the famous Red Bull lawsuit in 2013, the court noted the company’s advertising slogan “Red Bull gives you wings” was “mere puffery” in that no reasonable person would believe ingesting even many cans of the stuff would mean they would “grow wings and fly” but the lawsuit claimed that implicit in the slogan was the allegedly deceptive and fraudulent suggestion that the drink was a “superior source of energy”, something not backed up by scientific evidence.   Heard in US District Court for the Southern District of New York, the class action was lodged by someone who had been drinking Red Bull for a decade-odd.  His claim was not that he expected feathers to sprout but that idea drinking Red Bull would increase performance and concentration (as advertised on the company's television, on-line and marketing campaigns) was “deceptive and fraudulent and is therefore actionable”.  The scientific basis for the action was research which found energy drinks gained their “boost” through caffeine alone, not guarana or any other ingredient, adding although there was no academic support for the claim Red Bull provides “any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of ‘energy’ worthy of a premium price over a cup of coffee or other sources of caffeine.”  Red Bull, while denying any wrongdoing or liability and maintaining its “marketing and labeling have always been truthful and accurate”, the company settled the lawsuit “to avoid the cost and distraction of litigation”.  As part of the settlement, anyone resident of the US who claimed to have purchased a can of Red Bull at some time after 1 January 2002 was eligible to receive either a $US10 reimbursement or two free Red Bull products with a retail value of approximately $US15, a webpage created to enable those affected to lodge their claim.  To avoid any similar claims, the company “voluntarily updated its marketing materials and product labeling".

Advertising is often a mix of puffery and specific claims which can be actionable, depending on the circumstances, either in damages or restitution.

So every case is decided on its merits.  A case before the Federal Court in Australia in 2017 held that a false assertion an app had “the most property listings in Sydney” was a misrepresentation because uncontested evidence proved otherwise although the court note were the app to claim it was “the best” app of its kind that would be mere puffery because, in that context, the phrase “the best” means nothing in particular because it’s not something which can be reduced to a metric or precisely defined.  More intriguing for those who like to speculate when grey turns black or white was the Pepsi Points Case which was in many ways similar to Carlill v Carbolic Smoke Ball Company.  PepsiCo’s advertising included a point system which customers could use to redeem prizes and one campaign had offered a military jet fighter (then invoiced by the manufacturers at US$23 million odd) in exchange for 7 million "Pepsi Points" (then worth US$700,000).  Mailing a $700,000 cheque to PepsiCo, a customer asked to collect his jet.  The court held the offer was “mere puffery” on the basis of (1) aspects of the campaign which clearing indicated “its jocular nature”, (2) that no reasonable person would believe a US$23 million jet could be obtained by exchanging US$700,000 and it was (3) anyway impossible for the company to deliver a military fighter jet in operable condition to a civilian customer.  It was an interesting case because it might have been decided differently if the object had been closer in value to the points mentioned and been something there was no legal impediment to supplying (such as a US$1 million car).  Were it a US$143 million car (there is one), the promotion would presumably still be judged puffery but at some point, it must be that the relative values would be close enough to for the “reasonable person” test to apply.  That however is something impossible to reduce to an equation and each case will be decided on its merits.  Just to be sure, PepsiCo bumped up by several orders of magnitude the points required to start one’s own air force up and added some text to make it clear the whole thing was just a joke.

In the matter of Tyrrell’s Crinkly Crisps.  Often packaging & advertising will contain a number of claims, some of which will be mere puffery (even if it’s easy to prove blatantly they’re untrue) while others need to be verifiable:

2 Pack: Not puffery; every pack must contain two packets.  There have been instances when customers have complained they’ve received more than was advertised and paid for but it’s rare.  Usually, such things are treated as “windfalls”.

Vegan: Not puffery; the contents must be vegan (as defined in the regulation of whatever jurisdiction in which they’re sold).

Triple Cooked: Probably puffery because it’s doubtful the term has any legal definition although were it possible to prove the production process is essentially the same as for any other crisp (chip), it might be actionable.  Because “triple” does have a defined value, were it proved the goods were cooked only twice as long as the practice of other manufacturers, that would presumably compel a change of text to “Double Cooked”.

More Crunch: Probably puffery because the measure of such things is so subjective and there is a point at which to increase crunchiness becomes self-defeating because other desired qualities will be lost.

Crinkly Crisps: Not puffery; the crisps must to some extent be crinkly although it might be fun to have a judge explore the margins and tell us how slight a corrugation can be while still being called “crinkly”.

No Artificial Nasties: Not puffery; these packets probably contain artificial ingredients because they’re almost impossible to avoid in the industrial production of food.  What constitutes a “nasty” is however a thing of quantity as well as quality; something millions every day harmlessly (even beneficially) can be a toxic “nasty” in large quantities so what’s included in the packet will be safe as supplied.  If potential “nasties” are found to exist in a quantity above a certain point, it’s actionable.

Gluten Free: Not puffery; unless there is an allowable quantity (ie trace amounts) permitted by regulation, there must be no gluten.

Sea Salt & Vinegar: Not puffery; sea salt is a particular type of salt so it must be used and there must be evidence of the use of vinegar.

165 g Net: Not puffery; each pack must contain 165 g of edible content +/- the small % of production line variation a court would deem acceptable.

Content guide (fat, energy et al): Not puffery; again, what’s claimed must be a reliable indication of the products within whatever small variation is acceptable.

Photograph with giant crisp: Puffery and an example of how the “reasonable person” test works in conjunction with an objective test of truth.  The packs do not contain crisps as large as is represented in the image (indeed, such would be too big even toi fit in the pack) and no reasonable person would believe this is what they’re buying.

Ulotrichous, Leiotrichous & Cymotrichous

Ulotrichous (pronounced Ulotri-c-hous)

Having crisp, woolly or curly hair.

1827: From the New Latin ulotrich(ī) (curly hair) from the Ancient Greek οὖλος (oulos) (curly) + the root τριχ (trikh) of θρίξ (thríx) (hair) +‎ -ous.  The -ous suffix was from the Middle English -ous, from Old French -ous & -eux, from the Latin -ōsus (full, full of) and a doublet of -ose in unstressed position; it was used to form adjectives from nouns, to denote possession or presence of a quality in any degree, commonly in abundance

Leiotrichous (pronounced leiotri-c-hous)

Having smooth (straight) hair.

1827: From the New Latin leiotrich(i) (smooth hair) from the Ancient Greek λεῖος (leîos) (smooth) + the root τριχ (trikh) of θρίξ (thríx) (hair) +‎ -ous.  The -ous suffix was from the Middle English -ous, from Old French -ous & -eux, from the Latin -ōsus (full, full of) and a doublet of -ose in unstressed position; it was used to form adjectives from nouns, to denote possession or presence of a quality in any degree, commonly in abundance

Cymotrichous (pronounced cy·motri·c·hous)

Having hair somewhere between curly and smooth; includes the wavy spectrum.

1827: From the New Latin cymotrich(i) (wavy hair) from the Ancient Greek κῦμα (kûma) (wave) + the root τριχ (trikh) of θρίξ (thríx) (hair) +‎ -ous.  The -ous suffix was from the Middle English -ous, from Old French -ous & -eux, from the Latin -ōsus (full, full of) and a doublet of -ose in unstressed position; it was used to form adjectives from nouns, to denote possession or presence of a quality in any degree, commonly in abundance

Lindsay Lohan: Ulotrichous.

That these three words exist is due to the French military officer, naturalist and politician Jean-Baptiste Bory de Saint-Vincent (1778-1846).  A biologist and geographer, his early academic interests lay in volcanology and botany and in the early nineteenth century he travelled extensively in Europe, Africa and the Caribbean studying plants, the need to document and classify his findings meaning he became expert in systematics and this skill he adapted to the classification of people into races.  For a number of reasons, his 1825 volume Essai zoologique sur le genre humain (Zoological essay on the human race) is now just a footnote in the discipline but was for decades influential.  The book was an attempt to classify humans with straight hair into the Leiotrichi and those with woolly or tufted hair into the Ulotrichi, with many sub-groups below these headings, a third category, the Cymotrichi, later added, apparently to accommodate those inconsiderate to have hair not quite straight yet not sufficiently curly to be properly ulotrichous.

Lindsay Lohan: Leiotrichous.

The terms he used to describe the method of racial classification for the purpose of human taxonomy added to existing systems of classifications, Bory (the shorthand in the literature which references his work) in his 1825 book adding leiotrichi, japeticus, arabicus, indicus, scythicus, sinicus, hyperboreus, neptunianus, australasicus, columbicus, americanus, patagonicus, oulotrichi, aethiopicus, cafer, hottentotus & melaninus.  His classification was a technically competent exercise in systematics and was thought a scientifically orthodox document, seriously studied for most of the nineteenth century and quoted by many noted figures including TH Huxley (1825–1895) and Charles Darwin (1809–1882) and his classifications remain used by many specialists in zoology and even botanists for their vivid, illustrative value.  The politics of language does however intrude on the zoologists and some, especially in the United States, prefer lissotrichous (smooth-haired from the Greek lissos) because of the history attached to Bory. 

Lindsay Lohan: Cymotrichous.

What later became controversial was the adoption of the scheme, especially the word ulotrichous (having crisp, woolly or curly hair) by nineteenth century anthropologists to create a division of humankind encompassing those with crisp, woolly or curly hair.  Because of the racial association, the words are no longer in general use in human classification although the system still has a role in the technical language of pathology and forensic medicine.  Other than those specialized fields, while not extinct, they’re rare and for most, it’s no loss, smooth, surly and wavy being adequate for all except hairdressers who, needing precision, have a classification of hair in a dozen categories (1A to 4C).

Pineapple

Pineapple (pronounced pahy-nap-uhl)

(1) The edible, juicy, collective fruit of a tropical, bromeliaceous plant (Ananas comosus), native to South America, consisting of an inflorescence clustered around a fleshy axis and surmounted by a tuft of leaves; the flesh is juicy, sweet and usually yellow.

(2) The plant itself, having a short stem and rigid, spiny-margined, recurved leaves, the flesh housing ovoid in shape.

(3) In military slang, a fragmentation hand grenade (originally applied to those devices with a resemblance to the fruit, later applied more loosely).

(4) In slang, the Australian fifty dollar (Aus$50) note (dated and probably archaic).

(5) A web burrfish (Chilomycterus antillarum (or Chilomycterus geometricus)).

(6) In commercial paint production, a light yellow colour, reminiscent of the flesh of a pineapple (also called pineapple yellow on color charts).

(7) A hairstyle consisting of (1) a ponytail worn on top of the head, imitating the leaves of a pineapple or (2) the whole hair gathered and assembled at the top, there to sit like the leaves of a pineapple.

1350-1400: From the Middle English pinappel (pine cone (literally “pine apple” or “pine fruit”)), the conifer cone (strobilus (plural: strobili)), the seed-bearing organ of gymnosperm plants so named as a jocular comparison with fruit trees).  After being introduced to Europe, the fruit of the pineapple plant picked up the name because of the resemblance to pinecones, this use noted from the 1660s (pine cone adopted in the 1690s to replace pineapple in its original sense except in so regional dialects.  Elsewhere, the forms included the Middle Dutch and Dutch pijnappel, the Middle Low German pinappel, the Old High German pīnapful, the Middle High German pīnaphel, and the early Modern German pinapfel (all developed from the same notion of the “pine cone”.  Related too were the post-Classical Latin pomum pini, the Old French pume de pin, the Middle French and French pomme de pin and the Spanish piña.  To describe the pine-cone, Old English also used pinhnyte (pine nut) and pine-apple appears in some late fourteenth century biblical translations for “pomegranate”.  Pineapple is a noun; the noun plural is pineapples.

Ashley Ferh's Pineapple Crisp

Pineapple Crisp is made with chunks of fresh pineapple, topped with a brown sugar streusel baked until golden.  It is served usually with vanilla ice cream or thickened cream.  The classic recipe uses only pineapple but variations are possible, most adding either mango or orange although where a contrast in taste is desired, it nan be made as pineapple & rhubarb crisp.  Preparation time is 15 minutes; cooking time 45 minutes and as described in this recipe, it will serve six.

Ingredients

4 cups chopped fresh pineapple about one average pineapple

2 tablespoons plus ½ cup brown sugar

1 tablespoon corn starch

1/2 cup cold butter cubed

1 cup large oats

1/2 cup whole wheat flour for Gluten-Free: gluten-free all purpose flour or ground gluten-free oats

Instructions

(1) Preheat the oven to 350^o F (175^o C)

(2) Combine pineapple, 2 tablespoons brown sugar and corn starch. Place pineapple in an 8 x 8″ (200 x 200mm) baking pan, or in individual baking dishes if preferred.

(3) In a large bowl, combine butter, ½ cup brown sugar, oats and flour until combined.  The texture will be that of cookie dough (easily pressed and held together).  Crumble topping over the pineapple in baking dish and press down gently.

(4) Bake for 45 minutes or until bubbly around the edges and golden brown on top. Serve with vanilla ice cream or thickened cream as desired.

The pineapple hairstyle is distinctive and, once done, of low maintenance but the very wildness means it’s not suitable for all hair; those with perfectly straight hair will likely find it just too much trouble because while it can be done, it would demand a lot of product.  There are two variations, (1) a ponytail worn on top of the head, imitating the leaves of a pineapple (left) or (2) the whole hair gathered and assembled at the top, there to sit like the leaves of a pineapple (left).  The pineapple is ideal for those with curly hair and for others, is a less stylized, more naturalistic version of what hairdressers call “the spiky”.

The Mark II hand-grenade.

The military slang to describe hand grenades dates from World War I (1914-1918) and was coined because of the shape of the Mk II grenade (re-named Mk 2 in 1945 as the US military dropped all designations involving Roman numerals as part of the computerization project), a fragmentation-type anti-personnel hand grenade first issued to US armed forces in 1918.  In the Allied forces, it was standard issue anti-personnel device grenade until the end of World War II (1939-1945) and during the was replaced by the M26-series (M26/M61/M57), first used during the Korean War (1950-1953).  However, because supply contracts issued in 1944-1945 had envisaged the conflict with Japan lasting well into 1945, the production levels were such that the US stockpiles of the Mark 2 meant that the inventory wasn’t exhausted until late 1968, by which time the standard-issue item was the M33 series (M33/M67).  In the military way, the American slang was adopted by Japanese soldiers as パイナップル (painappuru).

Reasons to eat pineapple

A member of the bromeliad family, the pineapple is a genuine rarity in that it’s the only edible bromeliad which has survived into the modern era.  Traditionally, it’s eaten by cutting away the spiky casing, then slicing the flesh into bite-sized pieced but it’s actually a multiple fruit, one pineapple actually made up of dozens of individual flowerets that grow together to form the entire fruit.  Each scale on a pineapple is evidence of a separate flower and in a TikTok video which changed the life of some pineapple people, user Dillon Roberts showed how the flowerets can be pealed-off and eaten piece by pyramid-shaped piece, obviating any need to chop and slice.  Not all pineapples have a skim which permits the approach but for those which do, it’s most convenient.  Unlike many fruits, pineapples stop ripening the minute they are picked and no techniques of storage will make them further ripen and although there’s much obvious variation, color is relatively unimportant in assessing ripeness, pineapples needing to be chosen by smell; it the fragrance suggests something fresh, tropical and sweet, it will be a good fruit and, as a general principle, the more scales, the sweeter and juicier it will be.  For those who live in an accommodatingly tropical region, the top can be planted and in most cases it will grow.

Health food advocate Lindsay Lohan with purchased pineapple.

Pineapple has always been prized because of the taste and texture but there are genuine health benefits and it has long be valued for easing the symptoms of indigestion, arthritis and sinusitis, the juice also offering an anthelmintic effect which helps rid the body of intestinal worms.  Pineapple is high in manganese, a mineral critical to bone development and connective tissue, a cup of fresh pineapple enough to provide some 75% of the recommended daily intake and it’s especially helpful to older adults, the bones of whom tend to become brittle.  The essential component of pineapple is bromelain, a proteolytic (literally breaks down protein”) enzyme known to be both an aid in the digestive process and an effective anti-inflammatory, a daily ingestion purported to relieve the joint pain associated with osteoarthritis.  In the Fourth Reich, bromelain is approved as a post-injury medication because of the documented reduction in swelling.  Fresh pineapple is also a good source in Vitamin which, combined with the effect of the bromelain, reduces mucous in the throat which is why it’s a common component in hospital food because it reduces the volume of mucous after sinus and throat surgery.

There is evidence to suggest pineapple consumption can assist with troublesome sinuses and for those who wish to experiment, pineapple is one of the safer fruits because it’s low-risk for allergies.  More speculative is a possible role in reducing a propensity towards blood-clotting which would make pineapple a useful dietary addition for frequent fliers or others at heightened risk from deep-vein thrombosis (DVT) but it may be that any increase in the consumption of fresh fruit and vegetables would show similar benefits.  Also unproven is the efficacy of the old folk remedy which suggests pineapple juice is helpful in countering the symptoms of morning sickness.  Of late, there’s also the suggestion the effect is heightened if the juice is taken with a handful of nuts but at this stage that seems a new folk remedy added to the old.  Still, as long as one’s stomach has no great sensitivity to the acidic nature of the fruit, most can take it in small doses without any problems and, because the fresh juice discourages the growth of plaque, it’s makes for a healthier mouth.