What Companies Need to Know About New York's New AI Law

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Starting June 9, 2026, New York will require the conspicuous disclosure on any ad that contains an AI-generated human. This applies to every paid advertising channel, not just social media ads. The disclosure is required on all ads reaching or viewable in New York, even if your company is not a New York company.

On December 11, 2025, New York Governor Kathy Hochul signed S8420/A8887B into law, which starting June 9, 2026, will require anyone producing advertisements with “AI generated synthetic performers” to conspicuously disclose that fact.

What is a “Synthetic Performer” under New York Law?

S8420 defines a “synthetic performer” as a “digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging an audiovisual and/or visual performance of a human performer who is not recognizable as any identifiable natural performer.”

Basically, if it looks like a human, it’s a synthetic performer.

This would cover an AI-generated influencer, presenter, or spokesperson. So those AI-generated talking head videos that don’t show a real person? Covered by this law.

My Ad has a “Synthetic Performer,” Now What?

The law does not prohibit the use of AI-generated humans in advertisements. It does, however, require that you conspicuously disclose that it is not an actual person and that they are AI-generated.

In general, our recommendation is that the ad itself contains the disclosure, much like you would see on a prescription medicine ad about side effects – bottom of the screen, in text that is readable. This means that there should be sufficient contrast between the text color and the background so that it may be read.

It is important to note that other AI generated content does not require a disclosure – only the human representation. So if you have a real person talking, but you use AI to change out the background, you do not have to disclose. Similarly, if you use AI to generate the product-only shot, then no disclosure, while an AI generated model holding your product would need a disclosure.

Are there any exceptions to disclosure?

The New York law does have some exceptions, where an advertisement containing an AI-generated human does not need to be disclosed.

Generally, an advertisement does not need to disclose that the figure is AI-generated when the advertisement is for a movie, TV show, or other expressive work, where the underlying work is an AI-generated human and the advertisement is consistent with its use in the work.

The law also does not apply to audio-only advertisements or where the AI is used for language translation purposes.

See Also: Is Your Chatbot Legal?

My Company Isn’t in New York; Do We Have to Comply?

This is an important law for anyone running national advertising campaigns, as the law applies to any advertisement that is created for distribution in New York.

It is rare today that any online advertising campaign would not reach New York. For example, if you use TikTok or Reels, you are not going to be able to reliably exclude the New York audience. Same with most digital ad campaigns. Nor would you want to exclude New York.

The only exception may be purely local TV advertisements. However, national ad buys would need to have the proper disclosure.

So why you may not be physically in New York or advertising a store there, if you are selling to a New York audience or it is possible for your ad to reach New York, then you should include the AI-generated human disclosure language.

What Companies Should Do to Comply with New York’s AI Human Advertisement Law

Companies that advertise in New York, including those with ads that could reach New York even if they are not located there, should review every current and future ad creative to determine whether there is an AI-generated human. If there is an AI-generated human, companies should add the conspicuous disclosure to the creative.

Companies should also be working with their marketing teams, both internal and external, to ensure that the required disclosure is added to future creatives.

What if a Company Doesn’t Comply with the Disclosure Requirements

For now, enforcement of this law is up to the New York Attorney General. Penalties for the first violation is $1,000; subsequent violations are $5,000.

Based on other recent New York enforcement activities, don’t be surprised if your company is hit with a violation notice. After all, this law can be enforced solely from the AG’s office, without requiring field visits or other expenditures.

The Future of AI-Generated Ad Content

This New York law is the first of its kind in the country. But companies should expect states like California, Illinois, Washington, and perhaps even Texas to introduce similar bills within the coming months.

Overall, the trend is to towards being transparent with your audience when it comes to ads and online content. Consumers want to know when an influencer isn’t real or when they are being paid (don’t forget about those FTC disclosures with paid content creator campaigns).

We are also seeing a trend towards people wanting authentic connection with real people, moving away from AI-generated avatars. Consumers are more receptive towards humans promoting products and services versus AI-generated “synthetic performers” as New York calls them.