FTC reviews rule and AI stock avatars: fake or false testimonials

Under the FTC's Q&A on its consumer reviews and testimonials rule, there is no blanket prohibition on AI-generated avatars in marketing. An avatar reading a testimonial is barred only if the underlying testimonial is fake or false, and using a celebrity avatar without permission can also violate the rule if reasonable consumers would think the celebrity gave the testimonial. This is a plain reading of the Q&A, not legal advice.

The answer is in the FTC's reviews and testimonials Q&A, read 2026-10-01 (the snapshot carries no page date). Sume facts are from Avatar videos.

What does the FTC answer say?

Asked how Section 465.2 applies to marketing with AI stock avatars, the FTC says the rule has no blanket prohibition and was drafted so as not to prohibit virtual influencers. Stock avatars would not be giving consumer reviews as the rule defines them, but a company's use might be a testimonial, prohibited only if the underlying testimonials were fake or false. It adds that avatar use could still be deceptive under the FTC Act.

It also says it would violate the rule to use a celebrity avatar without permission to speak favorably about a product, if reasonable consumers would think the celebrity gave the testimonial.

How is a Sume avatar and script made?

Per Create new avatar, an avatar comes from a text prompt, structured traits (the props input type), or a reference image. Per Avatar videos, the video is a script-driven render of a ready avatar.

So the two things the FTC answer turns on, who the avatar is and what the script says, are both inputs you supply.

Which inputs deserve a second look?

Check the script first: any quoted customer or first-person result needs a real source. Then check the reference image: Sume's docs describe the image input as a reference image for the avatar, and permission for a real person's likeness is yours to hold.

For the Korean counterpart of the experience question see 가상인물 review claims.

What is a safe working habit?

Keep a short record per ad: where each testimonial line came from, and the permission for any real person's likeness. Treat the avatar as a presenter, not a customer, and write the script accordingly. Ask your adviser about the rule's details.