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ARTICLE · 21 NOVEMBER 2025

Litigation Minute: Hype Responsibly: Legally Promoting Your AI

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Regardless of the cutting-edge nature of artificial intelligence (AI), its recent popularity has led to an age-old problem of how to legally market products featuring it.

United StatesTechnology
Christopher J. Valente
Christopher J. Valente
Michael Stortz
Michael Stortz
Aidan McCarthy
Aidan McCarthy

What You Need To Know In A Minute Or Less

Regardless of the cutting-edge nature of artificial intelligence (AI), its recent popularity has led to an age-old problem of how to legally market products featuring it. Deceptive claims regarding AI have been dubbed "AI washing" and can invite both enforcement and civil lawsuits.

In a minute or less, here is what you need to know.

1. Government Watchdogs Are Already on the Prowl

The Federal Trade Commission (FTC) has led the charge among enforcers rooting out AI washing. In September 2024, the FTC announced Operation AI Comply, a law enforcement crackdown on actors relying "on artificial intelligence as a way to supercharge deceptive or unfair conduct that harms consumers."1 The FTC's announcement included details of actions it had taken against companies that, according to the FTC, had "seized on the hype surrounding AI" and were "using it to lure customers into bogus schemes."2

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