Starting June 9, 2026, New York requires any advertisement that uses an AI-generated person, what the law calls a "synthetic performer," to carry a clear, conspicuous disclosure.
If you run ads or website imagery that reach New York shoppers and you use AI-generated models or spokespeople, you need to label them. Here is the rule in plain English, what counts, what does not and how to stay on the right side of it.
What the law requires
The law amends New York General Business Law section 396-b. It says that anyone who produces or creates an advertisement, for any commercial purpose and in any medium, must conspicuously disclose when that ad includes a synthetic performer, as long as they have actual knowledge it was used.
A synthetic performer is a digitally created human likeness, made or modified with generative AI or a software algorithm, that is meant to look like a real person in a visual or audiovisual performance but is not recognizable as any actual, identifiable individual. In plain terms: the AI-generated "model" holding your product, the synthetic spokesperson, the made-up "customer" in a lifestyle shot.
The law does not spell out exact wording, size or placement, only that the disclosure be conspicuous. Expect regulators to judge it against the standard already used for paid influencer disclosures: prominent and hard for a normal viewer to miss. A tiny gray watermark hidden in a corner is asking for a fine.
What counts, and what does not
Needs a disclosure
- An AI-generated person in an image ad
- An AI-generated person in a video ad
- A synthetic spokesperson or "customer"
- AI lifestyle models holding your product
- Across paid channels: social, display, video, connected TV
Does not need one
- AI product-only images with no human
- AI backgrounds or scenes with no human
- AI used to enhance a real human's image
- Audio-only advertisements
- AI used only to translate a real performer's language
- Ads for expressive works (films, TV, games) consistent with the work
The line is simple to remember: the rule is about AI-generated humans. No fake person in the picture, no disclosure required.
Who is responsible
The duty sits on whoever produces or creates the advertisement, which means the brand and its agency, not the platform that runs it. Meta, Google and the rest are not going to do this for you, although some are adding AI labeling tools you can use. The compliance buck stops with the advertiser.
The synthetic performer law at a glance
- Law
- New York General Business Law section 396-b (S.8420-A / A.8887-B)
- Signed
- December 11, 2025 by Governor Hochul
- Effective
- June 9, 2026 (180 days after signing)
- Applies to
- Anyone who produces or creates an ad shown to New York consumers
- Trigger
- An AI-generated human likeness (synthetic performer) in a visual or video ad
- Penalty
- $1,000 first violation, $5,000 each subsequent violation
What to do now
- Inventory your imagery. Go through your website photos, product listings and ad creative and flag anything that shows an AI-generated person.
- Add a conspicuous AI disclosure to anything that qualifies, or swap in a real photo. Keep the label clear and easy to see, not buried.
- Pin down responsibility in writing. If an agency or vendor makes your ads, your agreement should say who identifies synthetic performers and who applies the disclosure.
- Keep a record. Note which images are AI-generated and which are real, so you can show your work if anyone asks.
- Assume your state is next. New York is openly positioning this as a template, and California is the likely follow. Getting clean now saves a scramble later.
How this fits your website
This one is really about the images on your site and in your ads. If your business has leaned on AI-generated models to save on photo shoots, now is the time to label them or replace them with the real thing. At Web Chick we flag AI-generated imagery on the sites we build, help you add clean disclosures and, honestly, we are big believers in real photos of real people and real Ohio places. They build more trust anyway, with shoppers and with the AI search engines now deciding who to cite.
Sources: Office of Governor Kathy Hochul announcement (December 11, 2025) and New York State Senate Bill S.8420-A at nysenate.gov. Last updated June 27, 2026.
