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Before sending an AI-generated marketing email, check its claims against approved evidence, review its tone for the audience and brand, and apply the email and advertising rules for the sender’s and recipients’ jurisdictions. AI-written copy still needs human review: the Federal Trade Commission (FTC) says advertising claims must be truthful, not deceptive or unfair, and evidence-based. The checks below help writers, editors, brand reviewers, and compliance staff catch problems before a campaign goes out.
Start with the audience, purpose, and jurisdictions
Record who will receive the message, where the sender and recipients are located, and whether the email is promotional, transactional, or a mixture. The rules discussed here cover US federal advertising and CAN-SPAM guidance, and UK consumer-law and email-marketing guidance; they are not a complete checklist for every country, US state, industry, or audience type. Confirm the requirements that apply to your campaign before sending.
For US CAN-SPAM analysis, the message’s primary purpose matters. The FTC explains that a mixed-content email may be commercial depending on how a reasonable recipient would read its subject line and where transactional content appears. Assess the whole message rather than assuming that including an account or service update makes a promotional email transactional. See the FTC’s CAN-SPAM Act: A Compliance Guide for Business.
Verify every material claim and offer
Check each statement about the product, service, results, price, discount, deadline, availability, or comparison against current, approved source material. A fluent or confident AI-generated sentence is not evidence. The FTC’s Advertising and Marketing guidance states: “Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based.”
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- Product and performance: Confirm features, compatibility, outcomes, and comparisons using evidence that supports the exact wording. Remove or qualify claims that go beyond it.
- Price and charges: Check the displayed price, any unavoidable charges, and the terms that affect what a customer pays.
- Discounts and deadlines: Verify that the offer is genuine, its conditions are complete, and any urgency reflects a real deadline or limit.
- Endorsements: Check that paid endorsements are labelled appropriately and that the endorsement reflects the actual relationship and supportable experience.
UK government guidance on AI-generated marketing campaigns specifically identifies product and price accuracy, genuine offers, and paid-endorsement labelling as checks to make. Its AI Management Essentials guidance is a practical government resource, not a substitute for checking the law applicable to a particular campaign.
Review tone as an editorial judgment
Tone does not have a universal legal score. Compare the draft with documented brand guidance and the recipient’s likely expectations, then make an editorial decision. A useful review considers:
- Whether the message is clear and easy to understand.
- Whether its language matches the brand’s documented voice.
- Whether personalization fits the recipient relationship and will feel expected.
- Whether urgency is proportionate and supported by a real deadline.
- Whether the confidence of each claim matches the available evidence.
- Whether wording is respectful and inclusive for the intended audience.
Separately, assess the overall impression: even individually accurate sentences can create a misleading impression when combined or when important qualifications are missing. The FTC’s advertising guidance addresses truthfulness and deception; UK government AI guidance recommends human review of customer-facing marketing content. Neither establishes a universal tone rubric.
Apply the US checks to commercial email
For a US email whose primary purpose is commercial, use the FTC guide to check the message and its sending process. The guide’s practical checklist includes:
- Accurate “From,” “To,” “Reply-To,” and routing information.
- A subject line that is not deceptive.
- Clear and conspicuous identification of the message as an advertisement, where required.
- A valid physical postal address.
- A clear way to opt out, with opt-out requests honored within 10 business days; the mechanism must work for at least 30 days after the email is sent.
These are statements from the FTC’s guide; check its current text and assess the specific message. The FTC notes that “The law views these categories narrowly” when discussing transactional or relationship messages, so do not classify a mixed email by label alone. It also says a business cannot contract away its CAN-SPAM responsibility by hiring another company to handle email marketing. Misleading product or service claims may raise separate advertising-law concerns. See the FTC’s CAN-SPAM Act: A Compliance Guide for Business.
Apply the UK checks to electronic mail marketing
Under the UK rules described by the Information Commissioner’s Office (ICO), organisations normally need consent before sending unsolicited electronic mail marketing to individual subscribers, unless a permitted soft opt-in applies. Consent should be active, specific, informed, and unambiguous; pre-ticked boxes, silence, and inactivity do not count. It should identify the marketing and the organisation and give the person a real choice. Consult the ICO’s How do we comply with the PECR electronic mail marketing rules?
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The soft opt-in is limited: it concerns an organisation’s own previous customers and similar products or services, and includes conditions such as providing a simple opt-out when collecting contact details and in every message. It is not general permission to email anyone who has bought from the organisation. The ICO’s electronic-mail guidance was updated on 28 April 2026 to reflect a charitable-purpose soft opt-in introduced by the Data (Use and Access) Act 2025, and the ICO says the guidance is under review. Check its current position, especially for charitable campaigns.
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Have someone with appropriate experience review customer-facing copy before it is sent. UK government guidance recommends regular review of AI-generated marketing campaigns and public-facing customer statements. Businesses remain responsible in their respective contexts even when AI or an outside email provider is involved. Keep a record of material corrections and approvals that fits your organization’s process. See the UK government’s AI Management Essentials guidance and the FTC’s CAN-SPAM guide.
Before release, inspect the rendered email rather than relying only on the draft or a plain-text preview. Confirm that links work, required disclaimers and opt-out information are visible, the subject line matches the body, and rendering has not hidden or removed qualifications. This is a practical final editorial check, not a quoted legal checklist.
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