California Enacts A ​“Synthetic Performer” Law

On June 9, 2026, a New York law that requires companies to “conspicuously disclose” when their ads include any “synthetic performer” took effect. Yesterday, California passed a similar law. Although the two laws share a similar goal, California’s law contains several notable differences.

Key Similarities

• Like New York, California requires advertisers to include a conspicuous disclosure when an ad features a “synthetic performer.” California defines a synthetic performer as a digital figure, voice, or representation created in whole or in part with generative AI that creates the realistic impression of a human performer who is not an identifiable natural person.
• The laws share several exceptions, including exceptions for ads promoting expressive works—such as movies, TV programs, and video games—when the use of the synthetic performer is consistent with its use in the underlying work. Both also exempt AI used solely for language translation.

Key Differences

• Unlike New York, which arguably requires a disclosure when any synthetic performer is used, California only requires a disclosure if an ad prominently features a synthetic performer. A performer is prominent if it appears in the foreground demonstrating a product, delivers a commercial message, provides narration, or otherwise illustrates or reacts to that message.
• California provides more detail on the disclosure requirement. Disclosures must be “difficult to miss, easily understandable, and presented in a manner that a reasonable consumer would notice, read, and comprehend….” Advertisers must also use words that are “substantially similar” to “this performance features a synthetic performer” or “no human performer is depicted.” 
• Although New York excludes audio-only ads, audio-only ads fall under the scope of California’s law.
• New York’s disclosure obligation applies where the person producing or creating the ad has “actual knowledge” that it contains a synthetic performer. California’s law doesn’t include that qualifier.
• The most striking difference probably related to the enforcement mechanisms. The New York law does not include a private right of action and does not expressly identify an enforcement agency, although enforcement would most likely fall to the Attorney General. (The law imposes civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.) In contrast, California treats violations of its law as violations of its false advertising laws, potentially exposing companies to frivolous lawsuits.

California’s law becomes effective on January 1, 2027. Advertisers who use AI to generate ads should start cataloging which ads include synthetic performers and make sure their advertising agencies do the same. As the use of generative AI to create ads becomes more common, it’s likely that more states will follow in New York’s and California’s footsteps and enact similar laws.

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