Alerts8.22.25
Not Just Copyright Litigation: Companies Increasingly Face ‘AI Washing’ Claims
Highlights
- Private parties and governmental agencies are bringing lawsuits (including class actions) and investigations against companies accused of overstating the artificial intelligence (AI) capabilities of their products and services in a practice known as “AI washing.”
- “AI washing” cases have been filed in federal courts in California, Delaware, New York, and New Jersey.
- A federal court in California recently dismissed an AI washing case, holding the company’s statements about its AI capabilities were not actionable because they were forward-looking or amounted to puffery.
While most of the litigation involving AI making headlines centers on claims of copyright infringement (covered in several prior client alerts), businesses increasingly face lawsuits — or investigations by federal agencies — contending that they are “overhyping” their AI capabilities, use of AI, or the technological or business impacts of AI. These emerging claims are becoming known as “AI washing.”
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