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Commercial Awareness Compass

Synthetic gains: the legal battle over AI avatars in fitness marketing

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Brendan Collar

Brendan is a Senior Commercial Legal Counsel at TikTok. He is a commercial specialist with expertise in advertising, marketing and commercial contracts, particularly in the tech, media, sports and retail sectors.

Published Thu, 23 Jul

Is your favourite gym-fluencer now just an AI-bot? This is the question shaking the fitness industry as recent reports have exposed that AI-generated marketing campaigns are being disguised as user generated content in a bid to sell fitness products. 

Digital avatars designed to attract attention are making unrealistic health claims without disclosing the fact they aren’t human. For businesses, the allure of instant, low-cost content is enticing them to test the legal limits, but there may still be consequences.

When a brand uses a digital character, does the law treat it differently to a human lie? How do regulators trace liability for AI-claims? And how are corporate lawyers drafting contracts to protect consumer trust?

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