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I just saw this MyPillow ad:

MyPillow ad with quote from Mike Lindell, owner of MyPillow: "I personally guarantee it will be the most comfortable pillow you'll ever own!"

If I buy a MyPillow for $19.98, and it isn't the most comfortable pillow I've ever owned, or I buy another pillow later and it's more comfortable, and the company refuses to replace it, could I (theoretically) sue Mike Lindell personally and demand $19.98 in damages?

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    I wonder how you intend to prove that another pillow is more comfortable.
    – Roland
    Commented Aug 15, 2022 at 4:44
  • @Roland by the NHTESTTDPCL (New High-Tech Extremely Scientific Test To Determine Pillow Comfort Levels). That MyPillow ad was just what made me think of it; the question would still apply if he had personally guaranteed some measurable attribute.
    – Someone
    Commented Aug 15, 2022 at 4:58
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    Is Mike Lindell related to the MyPillow company in some way, say the owner or CEO or something? Or is he just a random customer of MyPillow who happened to be very happy with their product.
    – quarague
    Commented Aug 15, 2022 at 9:25
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    @Roland when a company predicates a guarantee on a subjective judgment, the only reasonable interpretation is that they're accepting the customer's subjective assessment at face value. Presumably the guarantee's terms and conditions are crafted to prevent abuse, so you can't repeatedly buy a new pillow every 30 days and return it 30 days later for a full refund.
    – phoog
    Commented Aug 15, 2022 at 10:28
  • @quarague he's the founder, CEO, and, I suspect, majority owner.
    – phoog
    Commented Aug 15, 2022 at 10:28

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No

If Mike is an employee of the company, then he is clearly making the guarantee as an agent for the company.

If Mike is a customer who gave a testimonial then no because he’s not actually promising anything and, even if he was, he’s not a party to the customer’s contract.

If Mike doesn’t exist, then this is false advertising.

In any event, the company is bound by the guarantee.

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    Mike Lindell is the company's chief executive officer. Wikipedia also reports that the company is privately held, so I suppose he's also the majority owner.
    – phoog
    Commented Aug 15, 2022 at 10:22

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