What happened
New York and Pennsylvania have enacted laws regulating the use of artificial intelligence in advertising. Pennsylvania Governor Josh Shapiro signed SB 806 into law on October 22, 2026, which requires clear disclosure when AI-generated synthetic content creates a false consumer perception about goods or services. New York's similar legislation, signed in December 2025, specifically targets undisclosed deepfakes in advertising.
Pennsylvania Governor Josh Shapiro signed SB 806 into law on Thursday, October 22, 2026. The bill, sponsored by Allegheny Sen. Nick Pisciottano, will take effect in 60 days. It prohibits advertisers from using synthetic content—defined as information significantly modified or generated by AI—in a manner that creates a false consumer perception about the nature, origin, or authenticity of goods or services without clear and conspicuous disclosure.
The Pennsylvania law includes exceptions for content that is evidently fictional, parody, satire, commentary, or criticism, as well as content limited to text. Violations can result in injunctions or civil fines up to $3,000, enforceable by the Attorney General and district attorneys.
New York State passed a related bill signed into law on December 11, 2025, which took effect over the summer. This legislation is narrower in scope, specifically requiring disclosure when 'deepfakes'—synthetic media mimicking the appearance of a real person—are used in advertising. Exceptions apply to ads promoting media featuring synthetic or animated characters and audio-only advertising.
Violations of the New York law carry a civil penalty of $1,000 for a first offense and $5,000 for subsequent violations. Manhattan Assemblymember Linda Rosenthal, the bill's sponsor, stated that the law aims to address the erosion of trust in media caused by synthetic content.
Source details: riverreporter.com ↗
Why it matters
These laws establish concrete legal frameworks for AI transparency in commercial contexts, marking a shift from voluntary guidelines to enforceable state regulations. By mandating disclosure of synthetic media, the states aim to protect consumers from manipulation and maintain trust in digital advertising. This development signals a broader trend of state-level focusing on practical consumer protection rather than broad technological restrictions.
The enactment of these laws represents a significant step in state-level AI regulation, moving beyond general discussions to specific, enforceable consumer protection measures in the advertising sector.
By defining 'synthetic content' and 'deepfakes' within the context of commercial advertising, these laws provide clearer legal boundaries for marketers and AI developers operating in these states.
The differing scopes of the New York and Pennsylvania laws highlight the evolving and fragmented nature of state AI policy, where specific risks like deepfakes or false perceptions are addressed through targeted legislation rather than comprehensive AI frameworks.
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What to watch next
Monitor the implementation of Pennsylvania's SB 806 in the coming months, including how the Attorney General and district attorneys interpret 'false consumer perception.' Watch for similar legislative efforts in other states and potential federal responses to this patchwork of state AI advertising laws.
The practical enforcement of Pennsylvania's SB 806 will be a key indicator of how state regulators interpret AI-generated content in advertising, particularly regarding the threshold for 'false consumer perception.'
Advertisers and AI tool providers will need to update their compliance strategies to meet these new disclosure requirements, potentially influencing industry standards for AI transparency.
Other states may follow suit with similar legislation, potentially leading to a more uniform national standard for AI disclosure in advertising or prompting federal intervention to address regulatory inconsistencies.