Pennsylvania has joined a small group of states to pass a law requiring disclosures when an ad contains certain synthetic content. The law, the Artificial Intelligence Deceptive Advertising Act, was signed by the governor on October 22, 2026. It takes effect December 21, 2026. It joins both New York and California laws, with similar requirements. The law may apply to ads reaching Pennsylvania consumers, regardless of where the advertiser is located.
The Pennsylvania law will require that an advertiser disclose AI use when synthetic content in an advertisement creates a false consumer perception about the nature, origin or authenticity of the advertised goods or services. The disclosure obligation applies to advertisers that create or disseminate the advertisement or cause it to be created or disseminated. “Synthetic content” includes images, video, audio and text generated or significantly modified using artificial intelligence (AI). The rule excludes text-only content, parody, satire, commentary and criticism. It also excludes content that is evidently fictional based on the depiction or its context.
A required disclosure must be clear and conspicuous and state that the ad contains content modified or generated using AI. It must appear when the synthetic content is first presented and use the same medium. Where technically feasible, it must be permanent or extraordinarily difficult to remove. Its size, contrast, placement, duration and audibility must allow consumers to notice and understand it.
The attorney general and district attorneys may seek injunctions and bring civil actions. Courts may impose a civil fine of up to $3,000 and award actual attorney fees and court costs. The act does not expressly create a private right of action. Some other states have similar pending proposals. This includes New Jersey’s A4728, which would restrict certain uses of generative AI and other photo-editing software in advertisements for dwellings.
Putting it Into Practice. Pennsylvania’s disclosure duty is not limited to human performers, but depends on a false consumer perception about goods or services. The act does not define “false consumer perception.” To the extent that they would be covered by this new law, companies may want to consider inventorying and reviewing their AI-generated advertising assets. This could include adding information from agencies and production vendors about how they develop assets.