Pennsylvania requires disclosures for ads whose synthetic content creates false consumer perceptions

Pennsylvania Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act (Act 99 of 2026) into law on October 22, 2026. Effective December 21, 2026, the Act prohibits an advertiser from creating and disseminating or causing the creation and dissemination of an advertisement that uses “synthetic content” in a manner that creates a “false consumer perception” about the nature, origin, or authenticity of the advertised goods or services, unless the advertisement clearly and conspicuously discloses that it contains content that was modified or generated using artificial intelligence.

Pennsylvania joins New York, whose synthetic performer disclosure requirement took effect June 9, 2026, and California, whose law takes effect January 1, 2027. Those laws reach only “synthetic performers”—digital performers that do not depict an identifiable person. Pennsylvania’s law is broader in that it extends to any AI-generated or significantly AI-modified content, but narrower in that it only applies where that content creates a false consumer perception. And unlike New York’s law, which requires actual knowledge, the Act imposes no knowledge or intent requirement.

Key provisions of the Act include:

• Synthetic content: The Act defines “synthetic content” as “[i]nformation, including an image, video, audio clip or text, that has been significantly modified or generated by artificial intelligence.” A synthetic voice in an audio advertisement could therefore qualify.
• Required disclosure: The disclosure must state that the advertisement “contains content that was modified or generated using artificial intelligence.” It must be (1) “[d]isplayed in the first instance whenever the synthetic content is presented to the consumer,” (2) presented in the same medium as the synthetic content, and (3) “permanent or extraordinarily difficult to remove” to the extent technically feasible. It must also meet the Act’s “clear and conspicuous” standard, which addresses size, contrast, placement, duration, audibility, and language.
• Exceptions: The Act exempts content that is evidently fictional based on its content or context; parody, satire, commentary, or criticism; and content limited to text.
• Enforcement: The Pennsylvania attorney general or a district attorney may seek an injunction or bring a civil action, and a court may award a civil fine of up to $3,000, plus attorneys’ fees and costs. According to the House Appropriations Committee’s fiscal note, the Office of Attorney General anticipates hiring a deputy attorney general and a technologist to enforce the Act.

The false consumer perception trigger drew criticism in the Senate floor debate, where Senator Jarrett Coleman, who opposed the bill, argued that advertising has always used “enhancement” through “professional lighting, idealized staging, [and] models in perfect conditions,” and the standard does not provide “meaningful guidance” on where enhancement ends and deception begins.

Before the Act takes effect, advertisers should consider the following steps:

• Inventory AI use in ads: Identify which current and planned campaigns use AI-generated or AI-modified images, video, or audio.
• Assess deception risk: Evaluate whether that content could create a false impression about the nature, origin, or authenticity of what is being promoted and, if so, implement disclosures.
• Allocate responsibility contractually: Address responsibility for disclosures in agency and vendor agreements.