On September 16, 2026, Governor Gavin Newsom ceremoniously signed SB 1050 at SAG-AFTRA’s headquarters in Los Angeles, adding a new article to California’s Business and Professions Code that targets the use of AI-generated “synthetic performers” in advertising. The law was authored by Senator Angelique Ashby (D-Sacramento) in response to a growing concern: as AI tools make it possible to generate human-like digital figures and voices realistic enough that consumers may not be able to tell them apart from real performers, the law requires that synthetic figures be labeled as such.
The statute defines a “synthetic performer” as a human-like digital figure, voice, or representation created wholly or partly through AI, machine learning, or other computational techniques, provided it is not based on or intended to depict any specific identifiable real person (that scenario is instead governed by California’s existing right-of-publicity statute, Civil Code Section 3344).
What It Requires
As has been the case in New York since June of 2026, the law makes it unlawful to use a synthetic performer in an advertisement disseminated in California without a “clear and conspicuous disclosure” that the performer is synthetic. All such disclosure must:
- Appear in close proximity to the synthetic performer within the ad;
- Be presented in a manner and for a duration sufficient for a reasonable consumer to understand the performer isn’t a real human; and
- Use wording substantially similar to “this performance features a synthetic digital performer” or “no human performer is depicted”.
A violation is treated as a violation of California’s false advertising law (Section 17500) and is enforceable under the state’s Unfair Competition Law (Section 17200 et seq.), the same civil enforcement and private-right-of-action exposure that attaches to other false advertising claims. Notably, the law also prohibits the continued use of any advertisement found to be in violation, meaning a noncompliant ad cannot simply run out its course once flagged, it must be pulled or corrected.
What’s Notably Excluded
The law does not apply to advertisements for expressive works such as films, television shows, streaming content, documentaries, video games, and similar audiovisual works as long as the synthetic performer’s use in the promotional material matches its use in the underlying work. The law also is not intended to restrict the creation or distribution of synthetic content generally, or to regulate the expressive content of ads beyond the required factual disclosure.
Practical Takeaway
- Brands, agencies, and platforms advertising in California should audit their use of AI-generated performers now. Marketing and legal teams need clear protocols for identifying synthetic performers in ad creative, building compliant disclosures into media buys, and given the law’s prohibition on continued use of noncompliant ads, a process for quickly pulling or correcting flagged creative. Close attention should also go to the expressive-works carve-out, since promotional content that goes beyond how a performer appears in the underlying work may not qualify for the exemption.
- This is particularly relevant for streaming platforms’ AVOD tiers, where third-party ad inventory may include synthetic performers outside the platform’s direct control. Ad-sales contracts should require advertisers to represent and warrant that no synthetic performer is used, or that any use is disclosed in accordance with SB 1050, and include indemnification requirements around related breaches.
Open Questions
It remains to be seen how SB 1050 will be applied to advertisements distributed on social media platforms, and how the law will reach businesses that are not based in California. The statute is triggered by dissemination of an ad “in this state,” which suggests California residents seeing an ad, regardless of where the advertiser or platform is headquartered, could trigger the disclosure duty. But practical enforcement against an out-of-state or out-of-country advertiser, and how liability gets allocated between the advertiser, ad platform, and any intermediaries in a social media context, is not yet settled and will likely depend on early enforcement actions or guidance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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