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ARTICLE · 16 MARCH 2023

FTC Reminds Advertisers To Keep AI Claims In Check

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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A recent post on the FTC's Business Blog notes that although there may be disagreement about what "artificial intelligence" or "AI" is, those terms are being used in marketing campaigns...

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A recent post on the FTC's Business Blog notes that although there may be disagreement about what "artificial intelligence" or "AI" is, those terms are being used in marketing campaigns, and the FTC worries that some advertisers "won't be able to stop themselves from overusing and abusing them." To help those advertisers out, the FTC's post includes four questions that they should ask themselves.

  1. Are you exaggerating what your AI product can do? It's exciting to think about what may be possible, but it's important to ensure that your claims are factually accurate, that you can support those claims, and that you disclose any material limitations.
  2. Are you promising that your AI product does something better than a non-AI product? The post notes that "it's not uncommon for advertisers to say that some new-fangled technology makes their product better." "New-fangled" is arguably an old-fangled term to use when talking about AI, but that's beside the point. The

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