The Bottom Line
- California has become the second state, after New York, to require a disclosure when advertisements prominently feature AI-generated synthetic performers, with the law taking effect January 1, 2027.
- SB 1050 requires a clear and conspicuous disclosure using prescribed language, applies broadly across advertising media, and covers both audio-visual and audio-only advertisements.
- Advertisers and agencies should begin implementing processes to identify synthetic performers, maintain records, and ensure appropriate disclosure before the new requirement takes effect.
On September 16, 2026, California Governor Gavin Newsom signed SB 1050 into law, making California the second state in the nation, after New York, to require advertisers to conspicuously disclose the use of AI-generated synthetic performers in advertising. The new law takes effect on January 1, 2027.
As the state regulation of AI in advertising continues to expand, advertisers and agencies should begin preparing for compliance now.
Key Provisions of SB 1050
Under the new law, it is unlawful for any person to create and cause to be published an advertisement that “prominently” includes a synthetic performer without a “clear and conspicuous disclosure” that the advertisement includes a synthetic performer.
What is a synthetic performer?
The law defines a “synthetic performer” as a digital figure, voice, or representation created, in whole or in part, using generative artificial intelligence that creates the realistic impression of a human performer who is not an identifiable natural person.
When is a synthetic performer “prominent”?
A synthetic performer is featured “prominently” in an advertisement when it:
- Appears in the foreground demonstrating or illustrating a product or service;
- Provides or voices the on- or off-camera narration or commercial message; or
- Illustrates or reacts to the on- or off-camera narration or commercial message.
What must the disclosure say?
The disclosure must use wording substantially similar to “this performance features a synthetic performer” or “no human performer is depicted.”
This disclosure must be “clear and conspicuous” which means that it must be “difficult to miss” and “presented in a manner that a reasonable consumer would notice, read and comprehend.”
Who is covered?
The law applies to any person who creates and causes an advertisement to be published in an “advertising medium,” which is broadly defined to include broadcast stations, cable operators, online platforms, streaming services, digital advertising networks, publishers, and other entities that distribute audio or audiovisual advertisements to consumers in California.
Notably, the law also imposes separate obligations on advertising media (such as publishers) themselves. If a court has issued an order finding that an advertisement violates the law, the advertising medium must remove or cease further dissemination of the advertisement as soon as commercially reasonable and technically feasible.
What is exempt?
The law does not apply to advertisements for expressive works — such as motion pictures, television programs, streaming content, documentaries, and video games — provided that the use of a synthetic performer in the advertisement is consistent with its use in the expressive work.
The law also does not apply when generative AI is used solely for language translation.
Enforcement
A violation of SB 1050 constitutes a violation of California’s false advertising statute (Business & Professions Code § 17500) and may be enforced under the state’s Unfair Competition Law (Business & Professions Code § 17200 et seq.) and may provide a private right of action.
Building on New York’s Lead — With New Nuances
California’s law follows in the footsteps of New York, which became the first state to enact a synthetic performer disclosure requirement. New York’s law took effect in June 2026 and similarly requires advertisers and agencies to conspicuously disclose the use of synthetic performers in advertising.
While the two laws share a common framework and similar definitions, California’s SB 1050 introduces several additional details and nuances that create new considerations for advertisers and agencies. Among the notable differences, California’s law:
- Prescribes specific disclosure language, which New York’s law does not;
- Covers audio-only advertisements, which are exempt under New York’s law;
- Requires a disclosure only when a synthetic performer is “prominently” used, which New York’s law does not;
- Imposes obligations directly on advertising media to remove non-compliant advertisements after a court order; and
- Subjects violations to a private right of action under California law rather than New York’s fixed civil penalty structure.
Looking Ahead
With two major states now requiring disclosure of the use of synthetic performers in advertising, the compliance landscape for advertisers and agencies has meaningfully expanded.
Advertisers and agencies should proactively track and keep records of which materials contain synthetic performers, and establish disclosure and labeling policies and procedures to comply with these new disclosure requirements.