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Libby O’Neill, deputy chair of Loeb & Loeb’s Advertising, Marketing & Promotions practice, is quoted in an article published by The Washington Sun discussing the growing use of AI-generated food imagery in restaurant advertising and the circumstances under which such images could give rise to false advertising concerns.
Libby explained that AI-generated images are not inherently unlawful, but could become problematic if they materially misrepresent a product in a way that would mislead reasonable consumers regarding its quality or quantity.
“There’s no simple percentage or visual threshold, but if you’re thinking about it from the legal perspective, regulators and courts would look at the overall impression, whether the difference is a material one given what a reasonable consumer would expect,” Libby said.
Addressing how lawmakers might approach regulation of AI-generated advertising, Libby suggested that any future legislative efforts would be more likely to focus on protecting jobs affected by AI than prohibiting the use of AI-generated content itself.
To read the full article, please visit The Washington Sun's website.
Libby explained that AI-generated images are not inherently unlawful, but could become problematic if they materially misrepresent a product in a way that would mislead reasonable consumers regarding its quality or quantity.
“There’s no simple percentage or visual threshold, but if you’re thinking about it from the legal perspective, regulators and courts would look at the overall impression, whether the difference is a material one given what a reasonable consumer would expect,” Libby said.
Addressing how lawmakers might approach regulation of AI-generated advertising, Libby suggested that any future legislative efforts would be more likely to focus on protecting jobs affected by AI than prohibiting the use of AI-generated content itself.
To read the full article, please visit The Washington Sun's website.
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Deputy Chair, Advertising, Marketing & Promotions