Spotlight Session

Artificial Intelligence in the World of Advertising: Preparing for the Next Frontier of Ad Claims Scrutiny and Enforcement

February 8, 2024 2:00pm

Bezalel Stern
Partner - Advertising, Marketing and Media Practice
Manatt, Phelps & Phillips, LLP

Candice Kersh
Partner, Advertising, Marketing, and Public Relations Group
Frankfurt Kurnit Klein & Selz

Limor Robinson Mann
Vice President, Chief Marketing and Disruptive Innovation Counsel
Colgate-Palmolive Company

Michael Schiffer
S2 Advertising Law PLLC

Companies are quickly learning that Artificial Intelligence can be a powerful tool in creating and enhancing advertising campaigns. However, with all eyes now on AI (including the regulators’), companies must tread very carefully in ensuring that ad claims made through AI-enabled methods are legally compliant. What’s more, the FTC has recently made it clear that the mere mention of AI in ad claims will be heavily scrutinized. This panel will delve into the latest ways that AI is being used in the world of advertising and the biggest legal and compliance risks that companies must be aware of.

Topics of discussion include:

  • Analyzing the latest ways that generative AI models are being used in ad campaigns
  • Examining the legal and compliance risks of using AI chat bots to generate ad ideas and content (e.g. ChatGPT, Google Bard, etc.)
    • Understanding how to sufficiently document the creative process used to create ads when using AI
    • Uncovering “hallucinations” or misinformation in ads created in whole or in part by AI
  • Identifying the risks of using computer-generated “virtual influencers” to connect with followers and sway consumer purchase decisions
    • Assessing the FTC’s recent focus on virtual influencers engaged in “review hijacking”
    • Understanding how virtual influencers can legally push a product while providing sufficient disclosures and information to the consumer
  • Best practices for making and substantiating claims made about AI in your advertising
    • Taking a look at the latest FTC enforcement activity against companies mentioning AI in their marketing