Table claims that a product uses artificial intelligence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each claim about what the technology does, and the test or document on the file offered to support it. Do not write new marketing language.
- What the lawyer must review
- A claim about a product's capabilities is still a claim. FTC Act § 5 forbids deceptive acts or practices, subject to the § 45(a)(2) carve-outs. Lanham Act § 43(a) forbids a commercial advertisement that misrepresents the nature, characteristics or qualities of a product. The Commission's blog of examples on artificial-intelligence claims did not yield article text and is not used. Opinion 512 is about lawyers' own tools, not about a client's advertising, so it is not the advertising rule. You decide whether the claim has a basis. Do not invent one.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.