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.

Rehab

Rehab (pronounced ree-hab)

(1) A clipping of rehabilitation.

(2) In slang (though also sometimes used formally), a programme or facility for treating substance abuse (those addicted to narcotics or alcohol.

(3) In slang (though also sometimes used formally), a programme or facility for treating those recovering from certain medical conditions:

(4) In slang, a building which has been renovated, usually in the context of urban renewal and re-development being.

(5) Of or relating to rehabilitation.

(6) In the vernacular of post-war New Zealand English, the informal short form for the Department of Rehabilitation, a government institution established to cater for the needs of injured military personnel.

(7) To rehabilitate (something, someone, a concept or idea).

(8) In political science, to restore an individual to their previous status (drawn from late medieval civil & canon law and associated particularly with Soviet-era Russia and undertaken to rectify those unpersoned).

(9) In environmental science, a defined area (land or aquatic) in which a programme of rehabilitation is being undertaken or has been completed.

1948 (as documented although there may have been previous ad-hoc use in various oral traditions):  The original form emerged in the vernacular of post-war New Zealand English NZ the informal short form for the Department of Rehabilitation, a government institution established to cater for the needs of injured military personnel.  It worked in conjunction with the civil organization the Rehabilitation League, formed in 1931 with similar aims.  By the early 1970s, the word as a slang term was used in relation to housing and urban renewal programmes.  The extension of the meaning to “an action of restoring anything to a previous condition” emerged in the mid-nineteenth century and was soon used of land, buildings, machinery etc and in the 1940s it began to be applied to programmes designed to re-educate & re-train criminals, addicts and such for a successful re-entry to society.  Rehab is a noun & verb, rehaber is a noun & rehabbed & rehabbing; the noun plural is rehabs.

The Collins Dictionary tracks patterns of word use and while the pre-modern statistics are neither comprehensive or exact to the extent revealed by analysis of the wealth of modern data, it's thought still usefully illustrative.  Clearly there was a trend of use in the eighteenth century but this is thought not indicative of "rehab" being treated as a stand-alone word but as a contraction to save space when printing legal and ecclesiastical documents, a required technique in an era when ink and paper were both expensive.  Rehab, as currently used, is very much a word of the twenty-first century.

The noun rehabilitation (act of reinstating in a former rank or standing) dates from the 1530s and was from the French réhabilitation or the Medieval Latin rehabilitationem (nominative rehabilitatio) (restoration), a noun of action from the past-participle stem of rehabilitare, the construct being re- (again) + habitare (make fit), from the Latin habilis (easily managed, fit).  At least some etymologists suspect the derived verb rehabilitate may have emerged concurrently but the earliest known citation is from 1583.  The process originally applied exclusively to those who, having earlier been punished for some transgression by being stripped for rank or status, were for whatever reason restored to their former position.  The verb was from the Medieval Latin rehabilitatus, the past participle of rehabilitare and the processes were at various times codified in both civil and canon law.  The process is now best remembered from the practices in the Soviet Union where comrades guilty of especially unworthy acts (or thoughts) could be “unpersoned” (ie erased from all records).  In some cases, circumstances could change and the unpersoned were rehabilitated.

Lindsay Lohan with broken wrist (fractured in two places in an unfortunate fall at Milk Studios during New York Fashion Week) and 355 ml (12 fluid oz) can of Rehab energy drink, Los Angeles, September 2006.  The car is a 2006 Mercedes-Benz SL 65 (R230; 2004-2011) which would later feature in the tabloids after a low-speed crash.  The R230 range (2001-2011) was unusual because of the quirk of the SL 550 (2006-2011), a designation used exclusively in the North American market, the RoW (rest of the world) cars retaining the SL 500 badge even though both used the 5.5 litre (333 cubic inch) V8 (M273).

Doubtlessly, substance abuse has existed ever since substances became available to be abused and just a certainly, over the millennia, individuals, families and societies have devised their own methods to rehabilitate those afflicted.  There was great variation in the approaches but in the West, most tended to be influenced by the dominant ethos that addiction was a moral failing and personal weakness, the literature suggesting punishment and abstinence were there preferred course of treatment; “drying out” has a long history.  It was in the late twentieth century that the notion of “rehab” being not only a process but one which could be treated in a permanent structure, an institutionalization of earlier ad-hoc approaches of which Alcoholics Anonymous, beginning in 1935 is probably the best known although it was by no means the first and much of its success in attracting followers has been attributed to it distancing itself from the religious affiliations which characterized many of its predecessors.

Lindsay Lohan in rehab center, Sundance, Utah, 2007.  It is possible to purchase alcohol in Utah although the regulatory environment is more restrictive so presumably the state is more suited than many to host rehab centers.

Even by the 1970s, there was still much stigma attached to rehabilitation programmes and it was probably the admission by Betty Ford (1918–2011; US First Lady 1974-1977) that she was an alcoholic which was most instrumental in lending some legitimacy to the concept.  After leaving the White House she would found her own rehab clinic which continues to operate.  In the years since, there’s been an attempt to re-classify addiction as a treatable medical condition rather than a moral failing or something worse which need to be treated punitively.  To an extent that has worked and there’s probably a general public perception that addiction is exactly that, a chemical relationship between the substances and the physical brain but in some jurisdictions, such is the volume of addiction that it’s simply not possible to provide rehab services on the scale required.  There’s a critique also of rehab as something which has come to be seen by the TikTok generation as something almost fashionable, presumably because of the frequency with which pop-culture celebrities are clients and even addiction can now thus be rationalized as one of the corollaries of the creative mind.  There’s also of course the link between rehab clinics and wealth, the association created because (1) they’re places where even short-stay programmes can cost tens of thousands of dollars and (2) the only time they’re attract publicity is when a celebrity or some other famous figure attends.  Criticism has been extended too because there’s often little sympathy for those who use an admission of addiction in mitigation (“excuse” in the popular imagination) when on trial for this or that and there’s a perception rehab is an attractive alternative to actual punishment.

Monster Rehab energy drinks.

According to the helpful site Caffeine Informer, Monster's Rehab energy drinks (Peach Tea, Raspberry Tea, Orangeade, Watermelon, Strawberry Lemonade & Tea + Lemonade) contain 160 mg of caffeine (except the watermelon flavor which weighs in at 150).  A cup of black coffee will typically contain between 55-70 mg.  According to the manufacturer, the Rehab drinks are "packed with electrolytes, vitamins, and botanicals that deliver on advanced hydration helping you reduce fatigue and increase concentration."  Their target market is those who wish to "refresh, recover & revive" and their staccato advertising copy captures the moment they'd like customers to visualize:

It’s 2 P.M. Still sleeping, but who’s banging on the door?  “Housekeeping!”  Your eyes open to see a mermaid scoot her ass across the floor.  The housekeeper screams and mutters a prayer.  This can’t be right.  Your eyes close.  It’s after 4 now.  Your head’s pounding.  So many questions.  You’ve got to meet everyone downstairs in an hour to do it all again.  Not a problem.  You’re a professional.  You crack open a Rehab Monster Tea + Lemonade and let the lemon-infused electrolytes, vitamins, and botanicals work their life-giving, hydration magic.  Congrats, You’re back from the dead.

Migraine

Migraine (pronounced mahy-greyn or mee-greyn (non-U))

(1) An extremely severe paroxysmal headache, usually confined to one side of the head and often associated with nausea; hemicrania.

(2) A neurological condition characterised by such headaches

1325–1375: From the Middle English, from the Old French migraigne, from (as an imperfect echoic) the Medieval Latin hēmicrānia (pain in one side of the head, headache) and the Greek hemikrania, the construct being hemi (half) + kranion (skull).  The earliest form in English was megrim or mygrame with the spelling revised in 1777 to adopt the French form.  It’s never been clear if any of the European forms are a calque of the Egyptian gs-tp (headache), a construct of gs (half) + tp (head); the link between the Egyptian magical papyri and the Greek hēmikranía (ἡμικρανία) is undocumented and could be coincidental.  The corrupt form megrim was in common use between the fifteenth & early twentieth centuries is now obsolete although it did for a while endure in its secondary senses of "depression; low spirits" (and curiously, "a whim or fancy").  Migraine is a noun and migrainoid & migrainous are adjectives; the noun plural is migraines.

Technically, a migraine is a severe, often recurring, headache, usually affecting only one side of the head, characterized by sharp pain and often accompanied by nausea, vomiting, sensitivity to light, and visual disturbances.  Vasodilation in the brain causes inflammation which results in pain, but the exact cause of migraine remains unknown.  In casual use there’s a tendency, not restricted to hypochondriacs, to use word to describe even mild headaches.

Donald Trump, Crooked Hillary Clinton & Boris Johnson demonstrate the single-handed reaction to a migraine.

Despite advances, the exact causes of migraines are yet fully to be understood and although there's a consensus migraines are complex neurological conditions triggered by various factors, it may be they are inherent to the nature of being human and while treatments may improve, many neurologists have cautioned there may never be a “cure” although it’s noted a susceptibility to migraines seems to run in families, suggesting there may be a genetic predisposition.  At the physical level, abnormalities in the brain's nerve pathways and chemical signaling are believed to be involved, changes in the levels of neurotransmitters such as serotonin, dopamine, and norepinephrine suggested as causative agents.  The triggers appear to vary between individuals although the most commonly mentioned include foods such as aged cheeses, chocolate, caffeine, and artificial sweeteners, alcohol, stress, hormonal changes (seemingly only in women), changes in sleep patterns, sensory stimuli (bright lights, loud noises, strong odors), weather changes, and certain medications.  Critical too appear to be (1) abnormalities in the brainstem and its interactions with the trigeminal nerve (a major pain pathway) and (2) fluctuations in blood flow to the brain, including constriction and dilation of blood vessels.  Interestingly, as varied as the causes may be, so too is the effectiveness of the treatments and doctors frequently report a regimen some patients finds most efficacious might achieve nothing on others reporting the same symptoms, and possible triggers.

Lindsay Lohan demonstrates the two-handed reaction to a migraine although, given the migraine typically afflicts only one side of the head, this may be a more common response to the (usually) less severe but more widespread headache.

The Migraine Pose

A staple of portrait photography for decades, the migraine pose isn’t new but Instagram is a big-machine database and it’s now easy to identify trends and spikes in techniques.  The migraine look seems to have peaked in late 2018 and although still often posted, the historic moment of the trend seems to have passed.  The pose is achieved by using one hand to pulling the face up by the temples, a look reminiscent of someone suffering a migraine.  Classically done with one hand because the headache from which it borrows the name usually is localised to one side of the head, models adopt the look because it tightens the face, renders cheekbones more prominent and lifts the brows, a kind of instant facelift.  The hand may be placed on the temples, forehead or crown but should be done with a light touch, not a gripping of the head or hair.  Models also caution neophytes not to neglect the hands and nails because nothing spoils even a perfectly composed photograph like a poor manicure.

Gigi Hadad: The perfect migraine pose by a professional model.  With that bone structure and flawless skin, she doesn't need the artifice the technique can lend those falling short of her structural ideal but the pose adds variety to a photo shoot and photographers still like it.

Barnaby Joyce (b 1967; thrice (between local difficulties) deputy prime minister of Australia 2016-2022):  Although Mr Joyce seems frequently to adopt the migraine pose, the consensus is it's not an attempt to make himself more attractive in photographs and it's likely he actually suffers headaches.  These could be caused by many things.

Of course, Mr Joyce may also have been the cause of migraines in a few of his colleagues.  He's pictured here in 2018 with Malcolm Turnbull (b 1954; Australian prime-minister 2015-2018).

Soda

Soda (pronounced soh-duh)

(1) In science and industry, a common verbal shorthand for various simple inorganic compounds of sodium (sodium carbonate (washing soda), sodium bicarbonate (baking soda), and sodium hydroxide (caustic soda) et al).

(2) A common clipping of soda water.

(3) A fizzy drink made with carbonated water (water impregnated with pressurized carbon dioxide, originally made with sodium bicarbonate), flavoring (such as fruit or other syrups) and often ice cream, milk etc (once exclusively North American use, now more common); technically, a shortening of soda-pop.

(4) In the game of faro, the top card in the pack, discarded at the start, the game played with 51 cards.

(5) In Australian slang, something easily done (obsolete).

1490s:  From the Italian sida (sodium carbonate; an alkaline substance extracted from certain ashes), from the Medieval Latin soda (a kind of saltwort (sodanum barilla; a plant burned to obtain a type of sodium carbonate)) of uncertain origin.  It was once thought to have been from the Arabic suwwādah (a similar type of plant) but this is now discounted by most but may be from the Catalan sosa, first noted in the late thirteenth century.  There is also the speculative suggestion there may be some connection with the Medieval Latin sodanum (a headache remedy), ultimately from the Arabic suda (splitting headache).

Soda is found naturally in alkaline lakes, in deposits where such lakes have dried, and from ash produced by burning various plants close to sources of salt-water.  It was one of the most traded commodities in the medieval Mediterranean and manufacture of it at industrial scale began in France in the late eighteenth century and the smaller operations gradually closed as transportation links improved.  .  The metallic alkaline element sodium was named in 1807 by English chemist Humphry Davy (1778-1829), so called because the element was isolated from caustic soda (sodium hydroxide); the chemical symbol Na is from natrium, the alternative name for the element proposed by Swedish chemist Jöns Jacob Berzelius (1779–1848) from natron (a naturally occurring mixture of sodium carbonate decahydrate (Na₂CO₃·10H₂O).

A "soda spiral".

The soda-cracker, first sold in 1863, has baking soda as an ingredient.  Although modern, commercially bottled soda water now rarely contains soda (in any form), the name is a hangover from 1802 when “soda water” was first used to describe water into which carbonic acid had been forced under pressure, the meaning “"carbonated water" dating from 1834.  In the mid-nineteenth century, it became popular to flavor soda water with various sweetened concoctions (typically fruits rendered with sugar syrup) and after 1863 these were often called soda pop, the clipping “soda” (flavored, sweetened soda water) the most common use of the word in North America (it quickly supplanted “pop”, one of the occasions where a two-syllable slang was preferred over a shorter form).  The soda fountain dates from 1824 and originally described a counter in a shop at which sodas, ice-creams etc were prepared and served; later it was used of the self-serve machines which dispensed fizzy drinks at the push of a button.  Someone employed to run such a counter was described first (1883) as soda-jerker, the slang clipped to soda-jerk in 1915.  The colloquial pronunciation sody was noted in US Midwestern use at the turn of the twentieth century.  Synonyms for the drink includes: carbonated drink, fizzy drink, fizz (UK), (fizzy) pop (Northern US, Canada), soda pop (US), soft drink, lemonade and (the colloquial) thirst-buster.

The extraordinary range of derived terms (technical & commercial) includes: soda glass, Club Soda, cream soda, Creaming Soda, ice-cream soda, muriate of soda, nitrate of soda, soda-acid, soda ash, soda biscuit, soda cracker, soda bread, soda cellulose, soda counter, soda fountain, sodaic, soda jerk, soda jerker, soda lake, soda-lime glass, sodalite, soda lye, sodamide, soda niter, soda nitre, diet soda, soda paper, soda pop, lite soda, soda prairie, ginger soda, soda process, soda pulp, soda siphon, Soda Springs, soda waste, soda water, sodium, sulfate of soda, sulphate of soda, sulfite of soda, sulphite of soda, washing soda, baking soda & caustic soda.

The Soda Geyser Car.

For girls and boys who wish to explore the possibilities offered by the chemical reaction between soda and Mentos®, the Soda Geyser Car is available for US$22.95, offering both amusement and over a dozen experiments with which to demonstrate Newton's laws of motion.  In its default configuration it will travel over 200' (60 m) (the warning label cautioning it's not suitable for those aged under three and that it may upset pet cats etc) but for those who want more, it's possible to concoct more potent fuels, a recipe for the ominous sounding “Depth Charger” included.  Tinkerers can adapt this technology to experiment with their own rockets and the kit includes:

Mentos® Soda Car
Turbo Geyser Tube.
Roll of Mentos®
2 Liter Bottle.
Inflation Needle.
Nose Cone.
Geyser Rocker Car Frame.
Flagpole.
Decals.
Velcro Straps.
Experiment and activity guide.

Dirty Soda

The Doctrine and Covenants (the D&C (1835) and usually referred to as the Word of Wisdom) is the scriptural canon of the Church of the Latter Day Saints (the Mormons), section 89 of which provides dietary guidelines which prohibit, inter-alia, the consumption of alcohol, tobacco, and hot drinks (ie tea & coffee).  This index of forbidden food accounts not only for why noted Mormon Mitt Romney usually looks so miserable but also why manufacturers of chocolate, candy & soda have long found Utah a receptive and lucrative market; other than joyful singing, the sugary treats are among their few orally enjoyed pleasures.

It therefore surprised few that it was between two Utah-based operations that law suits were exchanged over which owned the right to sell “dirty sodas”.  Mormons aren’t allowed to do anything “dirty” (though it's rumored some do) so the stakes obviously were high, a dirty soda as close to sinfulness as a reading of the D&C will seem to permit.  A dirty soda is a soda flavored with “spikes” of cream, milk, fruit purees or syrups and is a kind of alcohol-free mocktail and the soda shops Sodalicious and Swig had both been active promoters of the sugary concept which has proven increasingly profitable.

Mitt Romney (b 1947; Republican nominee in the 2012 US presidential election, US senator (Republican-Utah) since 2019), buying 12-packs of Caffeine Free Diet Coke and Wild Cherry Diet Pepsi, Hunter's Shop and Save, Wolfeboro, New Hampshire, August 2012.  Mitt knows how to have a good time.

In documents filed in court in 2015, Swig had accused Sodalicious of copying their trademarked “dirty” idea, even replicating the frosted sugar cookies sold alongside the spiked drinks.  Both shops had become well-known for their soda mixology, Swig’s concoctions including the Tiny Turtle (Sprite spiked with green apple and banana flavors) and the company sought damages and a restraining order, preventing Sodalicious from using descriptions or signage with any similarity to Swig’s.  Sodalicious counter-sued, claiming “dirty” is a longtime moniker for martinis and other cocktails, noting the product differentiation in their names for dirty sodas such as “The Second Wife” (a daring allusion to the polygamous past of the Mormons) and the “The Rocky Mountain High”, made by adding cherry and coconut added to Coca-Cola.  The case concluded with an out-of-court settlement, neither side seeking costs and no details of the terms were revealed.

Long time Pepsi consumer, Lindsay Lohan.

In December 2022, as a holiday season promotion, the Pepsi Corporation teamed with Lindsay Lohan to promote Pilk.  A Pilk is a mix of Pepsi Cola and milk, one of a class of dirty sodas created by PepsiCo which includes the Naughty & Ice, the Chocolate Extreme, the Cherry on Top, the Snow Float and the Nutty Cracker.  All are intended to be served with cookies (biscuits) and although Ms Lohan confessed to being “…a bit skeptical when I first heard of this pairing”, she was quickly converted, noting that “…after my first sip I was amazed at how delicious it was, so I’m very excited for the rest of the world to try it.”  Tied in nicely with her current Netflix movie “Falling for Christmas”, the promotional clip explores the pilk as a modern take on the traditional milk & cookies left in thanks for Santa Claus and the opportunity to don the Santa outfit from Mean Girls (2004) wasn’t missed, the piece concluding with the line : “This is one dirty soda Santa”.

Santa Redux: A Mean Girls moment celebrated with a pilk, PepsiCo dirty soda promotion, 2022.   

PepsiCo provided other dirty soda recipes:

(1) The Naughty & Ice: For a pure milk taste that's infused with notes of vanilla, measure and combine 1 cup of whole milk, 1 tbsp of heavy cream and 1 tbsp of vanilla creamer.  From there, pour the mixture slowly into 1 cup of Pepsi – the brand's hero product – and consume it alongside a chocolate chip cookie.

(2) The Chocolate Extreme: Blend 1/3 cup of chocolate milk and 2 tbsp of chocolate creamer together, transfer the mixture to 1 cup of smooth & creamy Pepsi Nitro to enjoy the richness of the flavor atop of a frothy foam head.  This "Pilk" will satisfy the chocoholic in you, especially by pairing it with a double chocolate cookie.

(3) The Cherry on Top: A hint of cherry always sweetens the deal.  Combine ½ cup of 2% milk, 2 tbsp of heavy cream and 2 tbsp of caramel creamer.  To bring the complex flavors to life, place the mixture into 1 cup of Pepsi Wild Cherry while pairing the drink with a gingerbread cookie.

(4) The Snow Fl(oat): An oatmeal-based cookie loaded with raisins is sure to complement an oat milk "Pilk".  Start by taking ½ cup of oat milk and adding 4 tbsp of caramel creamer.  Then, slowly pour the sweet mixture into a glass filled with 1 cup of Pepsi Zero Sugar.

(5) The Nutty Cracker: Combine ½ cup of almond milk and 4 tbsp of coconut creamer and place the mixture atop a pool of smooth & creamy Nitro Pepsi Vanilla.  For true richness, pair with a coated peanut butter cookie.

Historically, PepsiCo’s advertising always embraced diversity, depicting blondes, brunettes and redheads.  As long as they were slender.

PepsiCo dirty soda promotion, 2022.

7up advertising from the 1950s.

The idea of combining milk and soft-drinks has a history in the US and it may have been a cultural practice although given there seems nothing to suggest it ever appeared in depictions of popular culture, it may have been something regional or occasionally faddish.  The 7up corporation in the 1950s used advertising which recommended adding the non-carbonated drink to milk as a way of inducing children who "won't drink milk" to up their dairy intake.  The reference in the copy to "mothers know" does suggest the idea may have been picked up from actual practice and although today nutritionists and dentists might not endorse the approach, there are doubtless other adulterations of milk which are worse still for children to take.

Fix

Fix (pronounced fiks)

(1) To repair or mend; to rectify a fault.

(2) To put in order or in good condition; to adjust or arrange.

(3) To make fast, firm, or stable; to place definitely and permanently.

(4) To settle definitely; to determine (place, value etc); to make rigid; to mount or secure in place.

(5) To direct (the eyes, one’s attention, one’s gaze etc) steadily; To attract and hold (the eye, one’s attention, one’s gaze etc).

(6) To put into permanent form.

(7) To put or place the responsibility or blame for something upon a person or institution.

(8) To assign or refer to a definite place, time, event etc.

(9) To provide or supply with something needed or wanted, especially popular in narcotics transactions; the quantity supplied in that transaction; to inject oneself with a narcotic.

(10) In informal us, to arrange or influence the outcome or action of, especially privately or dishonestly (juries, sporting events, stock prices etc).

(11) To prepare a meal, snack, drink etc.

(12) In informal use, to put in a condition or position to make no further trouble.

(13) In informal use, to get even with; to visit vengeance upon (often as “fix right up).

(14) In informal use, to castrate an animal (used usually of domestic pets).

(15) In slang, to prepare or plan (followed usually by an infinitive as in “fixing to go”, (mostly US, south of the Mason-Dixon Line).

(16) In informal use, a position from which it is difficult to escape; a dilemma; a predicament (typically “in a fix”).

(17) In informal use, a repair, adjustment, or solution, usually of an immediate nature (sometimes in the form “quick & dirty fix”, expressed also in IT as “a Q&D”).

(18) In navigation, a charted position of a vessel or aircraft, determined by two or more bearings taken on landmarks, GPS location, stars etc.

(19) In navigation, the determining of the position of a ship, plane etc, by mathematical, electronic, or other means.

(20) A clear determination (often as “get a fix on”).

(21) A compulsively sought dose or infusion of something (such as “one’s morning caffeine fix”).

(22) In slang, a euphemism for the state of pregnancy (such as “she’s fixed-up”).

(23) In chemistry, to make stable in consistency or condition; reduce from fluidity or volatility to a more stable state.

(24) In photography, to render (an image) permanent by removing light-sensitive silver halides; in digital imaging, any form or correction.

(25) In microscopy, to kill, make rigid, and preserve for microscopic study.

(26) In cytology to kill, preserve, and harden tissue, cells etc for subsequent microscopic study.

(27) In industrial production, to convert atmospheric nitrogen into nitrogen compounds, as in the manufacture of fertilizers or the action of bacteria in the soil.

(28) In biology, to convert carbon dioxide into organic compounds, especially carbohydrates, as occurs in photosynthesis in plants and some microorganisms.

(29) In foreign exchange (forex) trading, a benchmark exchange rate used to settle or fix the value of certain financial instruments or transactions.

1350–1400: From the Middle English fixen, from the Middle French fixer or the Medieval Latin fixāre, from the Latin fixus (fixed), past participle of fīgere (to fasten).  The sense of “to repair” may first have been used in the US in the eighteenth century but the first recorded used in England was in the early 1800s although, in the way of such things, it’s likely already to have been in oral use for some time.  The use to mean “to prepare” to plan ” is a uniquely American use, now heard mostly south of the Mason-Dixon Line (“feel like I’m fixing to die” etc) although linguistic anthropologists note that until the mid twentieth century was a common form throughout the US eastern seaboard states.  Forms (sometimes hyphenated) like overfix, defix & refix are created as required and fixt (an archaic form of fixed) is still sometimes used in SMS messaging, advertising etc.  Fix & fixer are nouns & verbs, fixed, fixated & fixing are verbs, fixable is an adjective, fixative is a noun & adjective and fixability, fixer, fixator & fixation are nouns; the noun plural is fixes.

Depending on the context the synonyms can include dilemma, plight, quandary, mess, install, secure, set, settle, stabilize, define, establish, limit, resolve, solve, specify, work out, adjust, correct, overhaul, patch, rebuild, regulate, amend, fasten, stabilize.  In idiomatic use the word often appears.  To “fix someone right up” means to visit vengeance upon them (including killing them, sometime on behalf of others).  A “fix up” can mean (1) wrongly to implicate someone in a crime or other wrong-doing, (2) corruptly to interfere with a jury, the outcome of a sporting event, the operation of a market, the level of an interest-rate etc.  “Been fixed up” can refer to a young lady with child (in or out of wedlock), often with the implication the state may be unplanned or undesired.  To say “if it’s not broken, don’t fix it” is cautionary advice hinting that if something functionally fulfils its purpose, attempting to improve it may make things worse.  To be in a fix (often as “a bit of a fix”) is to find one’s self in a position from which it is difficult to escape; a dilemma; a predicament.  For someone to be “a fixture” is to be seemingly a permanent part of something (a squad, a sporting team etc); it’s used also of institutions.  The “fixer-upper” is something (typically a house or car) in dilapidated condition but usually still in a fit state to inhabit, drive etc so thus suitable for those able to make their own repairs.

Finger fix: In October 2016, during an Aegean cruise, Lindsay Lohan suffered a finger injury.  In this nautical incident, the tip of one digit was severed by the boat's anchor chain but details of the circumstances are sketchy.  It may be that upon hearing the captain give the command “weigh anchor”, she decided to help but, lacking any background in admiralty terms and phrases, misunderstood the instruction.  The detached piece was salvaged from the deck and soon re-attached by a micro-surgeon ashore.  Digit and the rest of the patient apparently made a full recovery and despite the gruesome injury Ms Lohan later managed to find husband and recently announced she’s “fixed up” in the sense of being with child so all’s well that ends well.

The human race has a long tradition of fixing broken stuff but in the twentieth century manufacturers devoted much attention to try to dissuade consumers from fixing things, preferring instead they purchase a new one.  The origins of this were identified by historians in the inter-war years (1918-1939) but the economic conditions of the 1930s limited the effects and it was in the long economic boom of the post-war years that the trend developed in conjunction with the concept of “planned obsolescence”, the beginnings of an era in which it became typically less expensive to replace a broken something than have it fixed, a phenomenon influenced by factors such as increasing unit labor costs, the substitution of parts made from metal, wood, leather etc with plastics and designs deliberately intended to make fixes difficult to effect.  In recent years, particularly in the field of consumer electronics, the tricks have included “sealing for life” (said to be a water-proofing measure) and the use of screws or other fasteners which can be opened only with a special tool (either unavailable to the public or sold as a prohibitively expensive part-number).  One interesting reaction to this has been the “right to repair” movement, an on-line cooperative community which publishes manuals, repair guides and tricks & tips for those who wish to fix.

Fluctuations: Eurodollar LIBOR rates 1 July 1989-28 April 2023 (chart by FedPrimeRate.com). The LIBOR (London Interbank Offered Rate) is the average interest rate at which (a basket of major) banks borrow funds from other banks in the London market (as defined).  Globally, the daily LIBOR fix is a widely used benchmark (or reference) rate for short term interest rates.

In foreign exchange (forex) trading, the term “a fix” most often used to refer to a benchmark exchange rate used to settle (or fix) the value of certain financial instruments or transactions and it’s commonly heard in the context of determining the daily or hourly exchange rates for major currency pairs.  The rate is used as a standard for settling various transactions, such as corporate hedging, portfolio valuation, or derivatives contracts and there are also interest-rate fixes such as the LIBOR (London Interbank Offered Rate) which gained infamy following revelations of the insider-trading some used to manipulate to point at which it was fixed.  Reflecting the city’s history as a financial centre, the “London 4 pm fix” (known also as the “WM/Reuters” or “London” fix) is probably still the best-known daily fix; used as a benchmark against which many forex-related instruments are valued, it’s calculated from the aggregate of physical trades executed during a specific time-window and, as the name implies, that’s usually some defined period either side of 16:00 London time.  As a general principle fixes are set by aggregating and averaging the transactional traffic generated by major banks and financial institutions which, in theory, should ensure a fair and transparent process but there have been instances of malpractice (of which the one associated with the LIBOR was merely the most publicized) which have seen fines imposed and regulatory scrutiny increased.  The principle of the fix as used in forex markets is typical but in other areas of finance, the mechanisms can differ.

The colonial fix

The term “colonial fix” is used to describe the various trick and techniques the European colonial powers used to maintain and extend control in their empires, all of which, sometimes for centuries, used a relative handful of personnel to rule over millions and the best remembered are those practiced under the Raj.  Raj refers to British rule in India prior to 1947 (historians debate just when it can be said to have begun because the project predated the legal construct which formalized things in 1858-1859 although some, for convenience, have applied it to the whole empire.  Raj was a proprialisation of the Hindi noun raj (reign, rule), from the Hindustani राज & راج‎ (rāj), (reign, rule; empire, kingdom; country, state; royalty), from the Pali & Prakrit rajja, from the Sanskrit राज्य (rājyá) (empire, kingdom, realm; kingship, royalty, sovereignty; country), from rājati (he rules), ultimately from the primitive Indo-European h₃reǵ- (to right or straighten oneself; to govern, rule; just; right (with derivatives meaning “to direct in a straight line” and thus “to lead, to rule”)), source also of the German Reich.

A classic colonial fix was the Great Council of Chiefs (Bose Levu Vakaturaga) in Fiji which the British administrators created in 1878.  While it's true that prior to European contact, there had been meetings between tribal chiefs (turaga) to settle disputes and for other purposes, all the evidence suggests they were ad-hoc appointments with little of the formality, pomp and circumstance the British introduced.  Still, it was a successful institution which the chiefs embraced, apparently with some enthusiasm because the cloaks and other accoutrements they adopted for the occasion became increasingly elaborate and it was a generally harmonious form of indigenous governance which enabled the British to conduct matters of administration and policy-making almost exclusively through the chiefs.  The council survived even after Fiji gained independence from Britain in 1970 until it was in 2012 abolished by the military government of Commodore Frank Bainimarama (b 1954; prime minister of Fiji 2007-2022), as part of reform programme said to be an attempt to reduce ethnic divisions and promote a unified national identity.  The commodore's political future would be more assured had he learned lessons from the Raj.

Colonial fixes took many forms, all designed to “fix” some tiresome local problem but they really can be reduced to two themes: (1) In any dispute between factions/tribes/families etc in the local population, always back the weakest, politically and militarily and (2) the most effective and efficient method of control is to align with a recognized and accepted local elite and strengthen their authority and status (knighthoods, visits to London to meet the queen, their own Rolls-Royce etc).  The idea of the colonial fix comes to mind when watching the squabble going on in Australia about the creation of a “Voice”, a institution of some kind (the structure uncertain, the details unclear) which would provide representatives (elected somehow, the details unclear) of the indigenous peoples of the continent (First Nations) now the preferred term) with a mechanism whereby they can make submissions to both the national parliament and executive government (where that begins and ends undefined, the details unclear) about matters which in any way involve or affect indigenous peoples (which is presumably everything, the details are unclear).  There will be a national referendum on the Voice late in 2023, required because of the desire to include the institution in the constitution.  That’s the only way to amend the constitution and the success rate of such referenda is low, only 8 of the 44 submitted gaining the necessary “double majority” of an absolute majority of “yes” votes nationally and a majority in each of the six states.  Because of the distribution of population, it’s possible to succeed in one but not the other in which case the proposal is rejected.  If the details of what’s proposed remain unclear, it’s possible still to predict the likely form a Voice will assume.

In the abstract it’ll be something like feminism in that most of the benefits will accrue to a small, urban, educated elite.  In the same way most female CEOs don’t give a lot of thought (or a pay rise) to the working-class women who serve their coffee and empty their trash bins compared with their efforts to secure quotas for women to be appointed to corporate boards, be given winnable seats in legislatures or seats in cabinet, those who serve on the voice will be most interested in cementing their own power and status and the most disadvantaged among the indigenous can expect little.  The phrase “First Nations” at least partly explains the dynamics of this because viewed from the comfort of the Voice, they’ll appear as inconveniently disparate as Karl Marx (1818-1883) found peasants who he compared to a sack of potatoes: “all the same, yet all different”.  Although the word is no longer fashionable (and is probably proscribed), the structure of the First Nations remains that of competing tribes with interests and priorities which sometimes conflict with others and the Voice cannot simultaneously advocate for both.  At that point, the government will back the weakest.  Practically, it will be a bureaucracy which the government will be sure richly to endow with the trappings of office (big cars, fancy titles, much business class travel and a dutiful secretariat which will produce mountains of reports few will read and those who do will ignore).

Quite why there’s such agitation in certain right-wing circles against the Voice is curious because the very existence of the body seems likely only to be one of their assets.  Although some are cautious, the constitutional lawyers have taken the view that there’s nothing in the amendment which would require a parliament or government to act upon the submissions a Voice might make, it saying only that the right to make them exists; they need to be heard and can be acted upon or ignored on a case-by-case basis.  Nor does there seem great potential that the Voice could seek judicial review if their proposals are declined although presumably the possibility does exist if a case can be made that the Voice is not even being listened to.  The concern about appeals to the courts was based on an earlier period in the life of the High Court of Australia (HCA; the nation’s final court of appeal which might in matters involving the relationship between the voice and the parliament & government be a court of first instance) when some judges were inclined to find that although some concepts weren’t written in the constitution, there was a construction under which they could be said to be “implied” and the court could thus proceed as if they were ink on paper.  That moment of judicial activism seems now to have passed although, even if it reappears, it would be quite a leap for a court to find a parliament or government is compelled to adopt a recommendation of an advisory body.  At the most, they would probably require a process which indicates the matter has been duly considered.  For the right-wing fanatics, the run-up to the vote has actually started well.  Already there’s dissention among the self-appointed elite of the First Nations, the view of the dominant faction being there’s only one permissible view and anyone who dares to express another view must be put down.  Politically that makes sense but it’d be better done behind closed doors.  Hopefully, the referendum will pass with a substantial majority so political junkies can enjoy watching the shark-feeding which will follow.  Unfortunately for the most disadvantaged of the indigenous peoples, the latest generations of those who have been marginalized and appallingly treated since white settlement, they can expect that a decade hence, things are likely to be much the same.  Still for those who can hop aboard the Voice gravy train, there’ll be expense accounts, five-star hotels and celebrity status when addressing the United Nations (UN) General Assembly so there’s that.