“…No reasonable person in Plaintiff’s position could have reasonably relied on or misunderstood Apple’s statements as claims of fact.”
In short, no one in their right mind would believe Apple's ad is true.
If that's the case, then Apple's ad department is full of truth-stretchers and mind-distorters. This isn't the first time that their ads overstretched it a bit, two of their iPhone ads got banned in the UK for the following reasons:
- "...exaggerating the speed of iPhone 3G."
- "...ad gave a misleading impression of the internet capabilities of the iPhone"