United Concrete purchased concrete from Red-D-Mix and later claimed that the concrete was defective because of issues with bleed water. Bleed water is excess water that seeps out of concrete after it has been poured; it rests on the surface and can weaken the concrete, leading to premature degeneration. United Concrete then sued Red D-Mix for fraudulent representation under Wisconsin law. United Concrete claimed that a Red-D-Mix salesperson had assured United Concrete that the bleed water issue had been resolved. Red-D-Mix asserted in its defense that its salesperson's statement was mere puffery and therefore not actionable.
Were the statements by the Red-D-Mix salesperson puffery? Why or why not? Does it matter whether the Red D-Mix salesperson had any reasonable basis for making the statements? How could United Concrete have avoided this lawsuit?