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Restaurants Have Been Serving Up Fake Food Ads for Decades—AI Is Just the Latest Special

Libby O’Neill, deputy chair of the firm’s Advertising, Marketing & Promotions practice, is quoted in a Fortune article examining the increasing use of AI-generated food imagery in restaurant advertising and the advertising law issues such marketing practices may present.

Libby noted that advertising images can themselves communicate claims about a product, explaining that visuals may convey information about a food item's size, quantity, ingredients, quality or appearance even when those attributes are not expressly described in the advertisement.

Libby also addressed the limitations of AI disclosures, observing that an “AI-generated” label is not necessarily sufficient to address potentially misleading impressions.  

“It explains how the image was made; it does not correct a false impression about what is actually being sold,” she said.

In discussing best practices for advertisers, Libby advised, “Sell the product you depict, and depict the product you sell.”

To read the full article, please visit Fortune’s website (subscription may be required).