While I don't disagree with the basic premise ("AI" as a specific falsifiable term is hard to pin down due to the ubiquity associated with the term); I do think there are specific cut-and-dry circumstances where the FTC could falsifiably prove your product does not include AI.
For example, using an alternative of Amazon's Mechanical Turk to process data is clearly a case where your product does not use AI. Which I believe is more likely the kind of scenario envisioned when the author was writing that sentence.
For example, using an alternative of Amazon's Mechanical Turk to process data is clearly a case where your product does not use AI. Which I believe is more likely the kind of scenario envisioned when the author was writing that sentence.