News FTC AI Policy Statement 2026
The FTC AI Policy Statement was issued on March 11, 2026, by the Federal Trade Commission, applying Section 5 of the FTC Act (unfair or deceptive acts or practices) to artificial intelligence models.[1][2]
Background
The policy statement addresses the FTC's authority to take enforcement action against AI developers and deployers whose models produce outputs that are unfair or deceptive to consumers.[1] It was issued in coordination with the Department of Commerce's assessment of state AI laws and the broader Trump administration effort to establish federal preemption over state AI regulation.[1][2]
Key Provisions
- Applies Section 5 of the FTC Act to AI model outputs, including generative AI[1]
- Addresses preemption of state laws that mandate alterations to AI outputs[1]
- Positions the FTC as the primary federal enforcer for AI-related consumer protection[2]
- Signals that requiring AI developers to modify model outputs could conflict with federal policy[1][2]
Significance
The statement establishes the FTC's jurisdictional claim over AI-related consumer harms at the federal level.[2] It also supports the administration's preemption argument by suggesting that state laws requiring changes to AI outputs may be preempted by federal authority.[1][2]
See Also
- DOJ AI Litigation Task Force
- White House National Policy Framework for AI
- Commerce Dept Assessment of State AI Laws