This page covers U.S. law as of June 2026. This is not legal advice. For a plain-English compliance answer tailored to your situation, use the Compliance Checker at DiscloseAI.net.
The FTC requires disclosure when AI generates reviews or endorsements that could mislead consumers about their authenticity. Multiple states require explicit disclosure when AI generates political advertising content. For general advertising, FTC deception doctrine applies: if consumers would be misled by not knowing AI created the content, disclosure is required.
FTC Endorsement Guides — AI-Generated Reviews
The FTC's Endorsement Guides (16 C.F.R. Part 255), updated August 2023, address AI-generated reviews directly:
- Businesses may not generate fake consumer reviews using AI, even if factually accurate — the inauthenticity itself is the deception
- AI-generated reviews must be clearly disclosed as AI-generated when used in advertising or on product pages
- Buying AI-generated reviews from third-party review services is prohibited
- The FTC has signaled that enforcement under the updated Guides will prioritize AI-generated fake reviews
State Political Advertising AI Disclosure Laws
California — AB 2839
Disclosure required in political advertising containing AI-generated audio, visual, or audiovisual content within 120 days of an election. Disclosure must be "clear and conspicuous." Cal. Elec. Code § 20012.
Florida — SB 1312
Disclosure required when AI generates any portion of a political advertisement. Effective July 1, 2024. Fla. Stat. § 106.1439.
Texas
Disclosure of AI-generated audio or visual content in political advertising required. Tex. Elec. Code § 255.003.
Wisconsin
Disclosure required when AI generates political advertising materials. Wis. Stat. § 11.1303.
Synthetic Media and AI Voice/Likeness in Advertising
- Tennessee ELVIS Act: Prohibits AI-generated commercial replicas of a real person's voice or likeness without consent. Effective July 1, 2024. Tenn. Code Ann. § 47-25-1101.
- California: Multiple laws address AI deepfakes in elections; BOT Disclosure Act covers bot-generated consumer communications.
- Washington, Minnesota: Enacted laws addressing AI-generated sexual deepfakes establishing the consent principle for AI depictions of real people.
General Advertising — When Disclosure Is Required
Outside of political advertising and review contexts, there is no federal law requiring disclosure that an advertisement was generally "created using AI." The disclosure obligation arises from FTC deception doctrine when:
- The AI-generated content depicts real people without their consent
- The AI-generated content makes factual claims that are false or unsubstantiated
- The AI-generated content is presented as authentic user-generated content when it is not
- The AI-generated content could mislead consumers about a material attribute of a product or service
An AI-generated product image that accurately depicts the product does not require disclosure. An AI-generated "customer photo" presented as genuine user content does require disclosure.