Europe’s retailers would like the law to make an exception for them. AI-generated advertising should be carved out of the European Union’s incoming transparency rules, a retail association has argued, according to Reuters, taking aim at provisions that would require companies to label commercial content produced by artificial intelligence before those rules begin to bite in August.

The target is Article 50 of the EU AI Act, the section that governs transparency for AI-generated content. It requires deployers to disclose when image, audio, or video material has been artificially generated or manipulated, and obliges providers to embed machine-readable markers in the output.

Crucially for advertisers, the article carries no minimum spend threshold and, as drafted, no blanket exemption for advertising as a category, which is precisely the gap the retail lobby wants closed.

The association’s case, as reported, is one of proportionality. Labelling every AI-touched advert, the argument runs, imposes a compliance burden out of step with the actual risk to consumers, particularly for routine promotional material that no one mistakes for journalism or evidence.

The EU framework already contains a narrow version of that logic: an editorial-review exemption that applies where a human takes responsibility for AI-assisted copy, and a separate carve-out where the AI involvement is obvious to a reasonably observant person.