The infamous ‘Willy Wonka experience’ in Glasgow, Scotland, has become an internet sensation, flooding social media with countless memes capturing the disastrous event that left children in tears. Marketed with glitzy, larger-than-life imagery, the reality turned out to be an empty warehouse offering meager snacks, exposing a significant gap between expectation and reality.
While the Willy Wonka incident may seem like an outlier, experts warn that it could become the new norm as generative AI is increasingly employed in promotional materials. Stuart Smith, a corporate and commercial lawyer at London law firm Simkins, cautions against the use of generative AI for quick and cheap marketing materials, emphasizing the high risk of misleading consumers. U.K. regulations stipulate that advertising must not materially mislead consumers, a principle underscored by the Willy Wonka debacle, according to Smith.
Ryan Gracey, a partner and digital and technology expert at law firm Gordons, highlights that even AI-generated ads fall under the purview of the U.K.’s independent advertising regulator, the ASA. In the U.S., the Lanham Act and Section 5 of the Federal Trade Commission Act can be invoked to challenge deceptive visual representations.
The generative AI debate in advertising echoes past scandals, such as the 2023 lawsuits against McDonald’s and Wendy’s for misrepresenting burger sizes. Northeastern University law professor Alexandra J. Roberts notes instances where altered images, even using tools like Photoshop, led to legal action, emphasizing that misleading practices, whether AI-generated or not, constitute false advertising.
Consumers’ perception of generative AI imagery as fully representative of products or services is a critical consideration. Roberts suggests that if consumers believe AI-generated images are real and the depiction is false, it can constitute false advertising. However, she also acknowledges the potential for some AI-generated content to appear more cartoonish, raising questions about consumers’ expectations.
Kristelia García, a professor of law at Georgetown University, emphasizes the need for consumer awareness in an AI-filled world. She contends that false advertising images, whether generated by AI or not, present challenges, making consumers more skeptical.
As the debate unfolds, it remains to be seen whether consumers will become increasingly vigilant in an era where AI blurs the lines between reality and representation. The Willy Wonka incident serves as a stark reminder of the potential pitfalls in navigating this evolving landscape, particularly for unsuspecting children in Glasgow who faced the letdown of a lifetime.”