On October 22, 2026, the Governor of Pennsylvania signed the Artificial Intelligence Deceptive Advertising Act (Senate Bill 806) (“Act”) into law. The Act joins a growing number of state laws focused on the use of AI in advertising. However, unlike the laws in New York and California, Pennsylvania’s disclosure requirement is not limited to AI-generated advertisements using a synthetic performer. The law takes effect 60 days after enactment, on December 21, 2026.

• Restrictions on Synthetic Content in Advertising: The Act will prohibit advertisers from creating and disseminating, or causing to be created or disseminated, an advertisement that uses “synthetic content” in a manner that creates a false consumer perception about the nature, origin, or authenticity of advertised goods or services, unless the advertisement includes a clear and conspicuous disclosure. “Synthetic content” is broadly defined as information, including an image, video, audio clip, or text, that has been “significantly modified or generated” by AI.
• Disclosure Requirements: When the law enters effect, the disclosure must state that the advertisement contains content modified or generated using AI and must be (1) displayed when the synthetic content is first presented to the consumer; (2) presented in the same medium as the synthetic content; and (3) to the extent technically feasible, permanent or extraordinarily difficult to remove. The law sets out requirements for a disclosure to be “clear and conspicuous.” Among other things, the disclosure must be “readily noticeable, readable, understandable, and capable of being heard,” as well as presented in the language used by the consumer to interact with the synthetic content. Print disclosures must use sufficiently noticeable and contrasting text, and there are requirements related to the proximity of the disclosure to the information that the statement or disclosure modifies.
• Exceptions: The law will exclude certain types of content, including content that is (1) evidently fictional based on the content or context of the depiction; (2) parody, satire, commentary, or criticism; or (3) limited to text.
• Enforcement: The Pennsylvania Attorney General and appropriate district attorneys may seek temporary or permanent injunctive relief and bring civil actions for violations. Courts may impose civil fines of up to $3,000 and award actual attorneys’ fees and court costs. The law does not provide for a private right of action.