When Artificial Performers Enter Advertising, Disclosure Laws Follow

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in The Recorder entitled “When Artificial Performers Enter Advertising, Disclosure Laws Follow.” In the article, Andy examines emerging state disclosure rules for AI generated performers in advertising and explains how advertisers can prepare for distinct requirements across New York, California and Pennsylvania. “Given the importance of the entertainment industry in California and New York and its impact on the employment of actors and trades, it is not a surprise that stakeholders such as actor and other creative guilds and agencies (such as SAG AFTRA) have been lobbying to regulate the use of artificial content that replaces human actors,” Andy explains. “To that end, New York enacted the first state synthetic performer disclosure requirement, effective June 9, 2026, and codified at New York General Business Law §396 b.” Andy outlines the varying disclosure triggers, required wording and exceptions under the three state laws, including California’s rules for synthetic voices and Pennsylvania’s focus on false consumer perception. Advertisers should assess creative early, determine whether AI generated or AI modified content is present and make disclosures prominent where required. “In light of the uncertainty surrounding what constitutes a ‘false consumer perception’ under Pennsylvania’s nuanced triggering language, combined with the disclosure obligations of New York and California, advertisers should develop and implement meaningful artificial intelligence disclosures to be prominently placed in all advertising creative that features synthetic performers or other AI generated or AI modified content,” Andy writes. “This means prominently disclosing the use of an AI created performer at an artificial performer’s first appearance in an advertisement.”