While artificial intelligence (“AI”) has already transformed how advertising and marketing content is conceived and produced, its growing ability to generate realistic human-like digital performers has introduced a new layer of legal and commercial risk. As advertisers, agencies, media companies, and content creators increasingly deploy AI-generated visual and audiovisual content, lawmakers have begun responding to concerns around transparency, consumer deception, and the broader use of synthetic media in commercial campaigns.
Effective today, June 9, 2026, New York’s new synthetic performer disclosure law amends General Business Law § 396‑b to require clear disclosure when certain advertisements include AI-generated or algorithmically generated human-like performers. Commentators have described it as a first‑of‑its‑kind law focused specifically on “synthetic performers” in advertising.
This alert breaks down the new law’s core requirements, highlights key exceptions and limitations, and outlines practical considerations for clients using AI‑enabled advertising and marketing tools.

What the Law Requires
New York General Business Law § 396 b requires any person engaged in the business of dealing in any property or service who, for a commercial purpose, produces or creates an advertisement in any medium to conspicuously disclose in that advertisement that it includes a synthetic performer, where that person has actual knowledge.
In other words, if you are in business and you help create a commercial advertisement, and you know the ad uses a synthetic performer, the ad must clearly disclose that fact.
A violation of the disclosure requirement carries a civil penalty of $1,000 for the first violation and $5,000 for each subsequent violation, enforceable by the New York Attorney General. Against that backdrop, any perceived efficiencies or creative benefits in using synthetic performers need to be balanced against the risk of per ad penalties if the disclosure obligation is missed. The statute does not create an express private right of action.

Importantly, the law does not regulate the use of AI in advertising generally, nor does it require disclosure for all AI generated content. The disclosure obligation is triggered only when a covered “synthetic performer” appears in the advertisement.

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