The Overview

If you see an ad in California featuring a performer who turns out to be AI-generated, the company behind it now has to tell you. California's Senate Bill 1050, the False Advertising: Synthetic Performers law, became law when Gov. Gavin Newsom (D) signed it Sept. 16. ​

AI-created likenesses of well-known figures have appeared in online ads for products they never endorsed, eroding trust in genuine recommendations, according to the Guardian; the outlet also cited research estimating that AI-generated or virtual influencers accounted for about $1.37 billion, roughly 4 percent of brand spending so far this year.

What the Law Does

The law amends California's existing false and misleading advertising rules to add a new requirement: anyone who creates and publishes an ad that prominently features a synthetic performer must include a clear and conspicuous disclosure saying so. That means if a brand uses an AI-generated face or voice in place of a real human performer, viewers must be told.

Advertising platforms that distribute or air such an ad are prohibited from continuing to run it once a court has issued an order finding it violates the law or has enjoined its creator, and the platform has been served with that order. So a platform cannot keep running a noncompliant ad simply by claiming it did not know about a court ruling once it has been formally notified.

Legislative Status

Sen. Angelique Ashby (D) sponsored the bill, with Sen. Akilah Weber Pierson (D) as co-author. The Senate passed it May 28, 38 to 0. The Assembly passed it Aug. 31, 66 to 7, and the Senate concurred in Assembly amendments the same day, 40 to 0. The lopsided margins in both chambers signal broad agreement across the legislature, even as the advertising industry pushed back.

SAG-AFTRA, which described itself as an backer of the bill, said the law requires California advertisers to provide a clear disclaimer when an ad uses a synthetic rather than a human performer, according to a SAG-AFTRA statement. The union, which represents actors and other performers, has a direct stake in rules that distinguish human talent from AI substitutes. The American Advertising Federation published a letter opposing the bill, arguing it would mandate disclosures in ads featuring synthetic performers, according to the American Advertising Federation.

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