No proof, no claim: South Korea tightens rules on AI, green and safety ads

Companies in South Korea will be required to have objective supporting evidence on hand before running advertisements that tout AI capabilities, environmental friendliness, safety or product performance. Those that continue advertising after failing to submit substantiation materials within the required deadline could face an order to halt the ads.

The Korea Fair Trade Commission announced Tuesday that it has put a revised draft of its "Guidelines on Substantiation of Labeling and Advertising" out for public notice through July 13.

The revised guidelines aim to clarify substantiation obligations across all advertising that influences consumer purchasing decisions — including ads for new technologies such as AI — and to strengthen the burden of proof placed on businesses.

Noting the rapid rollout of products and services that highlight AI capabilities, the Fair Trade Commission explicitly codified that advertising for new technologies, including AI functions, is subject to prior substantiation requirements. Under the revision, claims such as "made safer through AI technology" must be backed by objective evidence.

The guidelines also spell out specific advertising expressions that require substantiation. In the human-health category, newly added examples include "improves concentration and memory," "ingredients harmless to the human body," and "components safe for the human body." In the safety, environment and new-technology category, the revision covers expressions related to safety testing, certification, eco-friendliness, carbon emission reductions and the use of AI technology.

In the performance, efficacy and quality category, new examples include claims about blocking harmful ingredients, automatic self-cleaning functions, and labeling of down or goose-feather content. The revision also makes clear that ranking-based claims — such as "No. 1 in customer satisfaction," "No. 1 in academic improvement" or "No. 1 in speed" — are subject to substantiation requirements.

Procedures for submitting substantiation materials will also be tightened. Currently, businesses must submit supporting documents within 15 days of receiving a request from the Fair Trade Commission. If an unavoidable circumstance such as a natural disaster is recognized, the deadline may be extended by up to 30 days after the cause is resolved.

The revised guidelines define the grounds for a deadline extension more precisely, listing natural disasters, mergers and acquisitions, rehabilitation or bankruptcy proceedings, seizure of evidence, and fires or other disasters. The maximum extension period granted after such circumstances are resolved will also be shortened from 30 days to 15 days.

If a business continues to run an advertisement without submitting substantiation materials within the deadline — including any extension — the Fair Trade Commission may order the ad suspended. The revision institutionalizes a "substantiate first, advertise later" principle, requiring businesses to secure supporting evidence before launching a campaign.

The commission has also developed a new self-checklist to help businesses assess the legality of their own advertising. The checklist prompts companies to verify in advance whether their ad content is subject to substantiation requirements, whether they have secured objective supporting materials, and whether those materials are directly relevant to the claims being made.

The commission said it expects the revision to encourage businesses to secure sufficient substantiation before running ads, while enabling swift action to suspend inadequately supported claims and reduce consumer harm. The revised guidelines will be finalized and take effect after the public notice period, during which stakeholder opinions will be gathered, followed by a vote at a full commission meeting.