New York now requires labels on AI performers in ads
The first US state law aimed squarely at AI in advertising took effect on 9 June.
Background
New York became the first US state to require specific disclosure when a visual or audiovisual advertisement contains a synthetic performer. The law took effect on 9 June 2026.
Three key points
1. What counts as a synthetic performer. The law defines a synthetic performer as a human-like digital asset created by generative AI or any software algorithm. The disclosure must be conspicuous. Liability turns on the advertiser having actual knowledge that a synthetic performer appears in the ad.
2. What is exempted. Audio-only advertisements are outside scope. AI used solely for translation is exempt. Advertisements for expressive works such as films, games or music, where the AI use matches the nature of the work, are also exempt. The law does not cover deepfakes of real, identified people.
3. Contract and record-keeping implications. The law creates a direct incentive to put disclosure duties into agreements with agencies and production companies. Brands need to know how assets in their ads were made. Record-keeping that can demonstrate whether a synthetic performer appears in a given piece of creative is now a compliance necessity.
Why this matters
New York's law is narrower than the EU's AI Act requirements, but it is the clearest US state-level signal that AI use in advertising will face specific disclosure obligations. Other states are likely to follow.
Sources: Office of Governor Hochul; ArentFox Schiff; Cooley.
