Yes, as long as you have not compared the mockup with a real sample. The AI rendered the product anew, and without a comparison it is not certain that it looks like the goods. The guidelines name this case explicitly as a deep fake (example box after para. 116). After a detailed comparison with a sample, the labelling check returns “grey area, labelling recommended”.
Labelling required
If it is not certain that the product looks like the image, the image can mislead about the product. The guidelines name exactly this case as a deep fake.
Beispiel nach Rn. 116
The label meets the labelling obligation. It does not allow showing the product differently from how it is. That can be misleading under competition law, with or without a label. Check whether you can use a real photo.
This classification follows the European Commission's guidelines on Article 50 AI Act. The guidelines are not binding; only the Court of Justice of the EU can interpret the law bindingly. You make the decision.
The example
A print-on-demand store has an AI tool place its design on a photo of a white mug and add the curvature, light and gloss. The store has never held a printed mug.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
Me or someone on my team - When was the image created or last changed with AI?
On 2 August 2026 or later - What did the AI do to this image?
It created or changed the product itself, such as shape, colour, material, surface, size or details. - What did the AI do with the product?
It rendered the product anew, for example from a reference photo or a description - Does the product in the image look exactly like the product the customer receives, in every detail?
Not sure - Is the image itself part of an artwork, satire or fiction, and is that immediately obvious to everyone?
No, it is an advertising or product image
Adapt these answers in the labelling check
When the result changes
- If colours, print position, size and gloss match a sample, labelling is recommended, because an effect on perception can never be fully ruled out (para. 116).
- If the mockup shows print colours or gloss as nicer than the real goods, a label is required, and the image can be misleading even with a label (para. 129).
- A scene generated around the item as well does not change the result “required” (AI lifestyle scene).
- For an image generated entirely from a prompt, see AI product image; for designs you sell as art prints, see AI art print.
What to do
- Order a sample and compare colour, print area, size and material. If it differs, replace the mockup with a photo or an accurate mockup.
- Until then, put the “AI” label with the words “AI-modified” on every mockup, including on product cards and in ads.
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: the product's appearance.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
Is ordering one sample enough?
Yes, if you compare mockup and sample detail by detail. If the print partner or the material changes, check again.
And a mockup made without any AI?
If software places your design on a template photo without AI, Article 50(4) does not apply (Article 3(60) AI Act). You still need to check that the mockup shows the goods correctly.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- Commission Guidelines on the transparency obligations under Article 50 AI Act, C(2026) 5054 finalEuropäische Kommission · Commission · 20 Jul 2026
- Regulation (EU) 2024/1689 (AI Act)EUR-Lex · Law · 12 Jul 2024
- Code of Practice on Transparency of AI-Generated Content (final version)Europäische Kommission · Code of practice · 10 Jun 2026
- German Act against Unfair Competition (UWG)gesetze-im-internet.de · Law · 27 Sept 2026
