Multiple Bites At The Apple Over AI Claims

When Apple announced the iPhone 16 last year, it advertised that it would be "the first iPhone built for Apple Intelligence." Apple touted several AI features and advertised that Apple Intelligence is "Available Now." In reality, some features – including Priority Notifications, Image Generation, and the ChatGPT integration into Siri and Writing Tools – were not available at the time of launch. A disclosure at the bottom of the Apple Intelligence page explained: "Some features will become available in software updates in the coming months."

As part of its ongoing monitoring program, NAD challenged Apple's availability claims. NAD determined that consumers would reasonably believe that all Apple Intelligence features would be available at the time of launch, not withstanding the disclosure. Citing a previous case, NAD stated that "when an advertised service is 'less available than available,' this limited availability must be part of the main claim itself." In