As far as we can establish, there is no US federal law requiring labels on AI-generated images. The rules come from the states, for retailers mainly New York and California.
Nationwide, the FTC rule on fake reviews and testimonials matters (16 CFR Part 465, since October 2024). Presenting AI images as customer photos in testimonials is prohibited, label or not.
| Status | no law |
|---|---|
| Applies from | open |
| Legal basis | kein Bundesgesetz zur KI-Kennzeichnung; FTC-Regel 16 CFR Part 465 (gefälschte Bewertungen und Testimonials) |
| Visible label | no |
| Machine-readable | no |
| Who is obliged | not specified |
| Penalties | no labelling rule; the FTC pursues deception, such as AI-generated testimonials, under 16 CFR Part 465 |
| Source quality | primary source |
What applies at federal level
The Federal Trade Commission (FTC) prohibits fake reviews and testimonials, including those generated with AI or using someone's likeness (16 CFR § 465.2).
The definition of "clear and conspicuous" in § 465.1 is a useful benchmark beyond reviews. A disclosure must be unavoidable; if consumers have to click or hover, it is not clear and conspicuous. That matches the EU line that a label must be visible without interaction (guidelines para. 117).
What this means for EU retailers
- Do not use AI images as customer photos or testimonials.
- If you advertise with AI models, check New York.
- Keep the metadata in your AI images, see California and metadata.
- English text next to your EU label makes it clear to US customers.
Frequently asked questions
Can I show AI images as customer photos if I label them?
No. 16 CFR § 465.2 prohibits fake testimonials, and a label does not change that.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- USA: 16 CFR Part 465 (fake reviews and testimonials)eCFR · Law · 21 Oct 2024
- New York General Business Law § 396-b (synthetic performers)New York State Senate · Law · 9 Jun 2026
- California AB 853 / SB 942, California AI Transparency ActCalifornia Legislature · Law · 13 Oct 2025
