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Pennsylvania Enacts Artificial Intelligence Deceptive Advertising Act

Gary Lloyd | Nov 10,26 | 01:40 EST

Technology

On October 22, 2026, the Governor of Pennsylvania signed the Artificial Intelligence Deceptive Advertising Act (Senate Bill 806) (“Act”) into law. This landmark legislation introduces new regulations for the use of artificial intelligence in advertising, marking a significant development in state-level efforts to govern AI technologies. Unlike prior regulations in states like New York and California, which often focus on synthetic performers, Pennsylvania's Act broadens the scope of its disclosure requirements to encompass any advertisement using significantly modified or AI-generated synthetic content. The primary goal is to prevent false consumer perceptions regarding the nature, origin, or authenticity of advertised goods and services. The law is scheduled to become effective 60 days post-enactment, specifically on December 21, 2026, signaling an urgent need for advertisers to review and adapt their practices to comply with these forthcoming legal stipulations.

Restrictions on Synthetic Content in Advertising This section outlines the core prohibition of the Act, targeting the creation and dissemination of advertisements that leverage 'synthetic content' in a manner that misleads consumers. 'Synthetic content' is extensively defined to include any information, such as images, videos, audio clips, or text, that has undergone substantial modification or was entirely generated by artificial intelligence. The prohibition applies specifically when such content creates a false impression about the characteristics, source, or authenticity of the products or services being advertised. A crucial element of this restriction is the necessity for a clear and conspicuous disclosure whenever synthetic content is utilized, ensuring transparency and preventing consumer deception regarding the AI's role in content creation. Disclosure Requirements Upon its effective date, the Act mandates stringent 'clear and conspicuous' disclosure requirements for advertisements containing AI-modified or AI-generated content. The disclosure must explicitly state the presence of AI-influenced content and adhere to several key conditions: it must be presented simultaneously with the first appearance of the synthetic content to the consumer, delivered through the same medium as the synthetic content itself, and, where technically feasible, designed to be permanent or exceptionally difficult to remove. The law further elaborates on what constitutes 'clear and conspicuous,' requiring disclosures to be readily noticeable, easily readable, comprehensible, and audibly discernible. Moreover, they must be presented in the exact language the consumer uses to interact with the synthetic content. Specific provisions are also laid out for print disclosures, demanding sufficient noticeability, contrasting text, and close proximity to the information it intends to qualify, thereby minimizing ambiguity and maximizing consumer awareness. Exceptions The Act provides specific exemptions for certain categories of content, recognizing scenarios where the use of AI-generated content does not inherently pose a risk of consumer deception. These exceptions include content that is patently fictional, meaning its fictional nature is evident from its content or context, and content intended for parody, satire, commentary, or criticism. Such forms of expression are generally understood not to be literal representations and are thus excluded from the disclosure requirements. Additionally, content limited exclusively to text is also exempted, streamlining compliance for advertisers whose AI use is confined to textual generation or modification without impacting visual or auditory elements in a deceptive way. Enforcement Regarding enforcement, the Pennsylvania Artificial Intelligence Deceptive Advertising Act empowers the Pennsylvania Attorney General and relevant district attorneys to take action against violations. They are authorized to pursue both temporary and permanent injunctive relief, which can prevent future non-compliant advertising practices. Furthermore, these authorities can initiate civil actions against offenders. Courts have the discretion to impose significant civil fines, potentially reaching up to $3,000 per violation, and may also order the payment of actual attorneys’ fees and court costs incurred during the enforcement process. Importantly, the Act explicitly states that it does not create a private right of action, meaning individual consumers cannot directly sue advertisers under this law, centralizing enforcement power with state legal authorities.

Restrictions on Synthetic Content in Advertising

This section outlines the core prohibition of the Act, targeting the creation and dissemination of advertisements that leverage 'synthetic content' in a manner that misleads consumers. 'Synthetic content' is extensively defined to include any information, such as images, videos, audio clips, or text, that has undergone substantial modification or was entirely generated by artificial intelligence. The prohibition applies specifically when such content creates a false impression about the characteristics, source, or authenticity of the products or services being advertised. A crucial element of this restriction is the necessity for a clear and conspicuous disclosure whenever synthetic content is utilized, ensuring transparency and preventing consumer deception regarding the AI's role in content creation.

Disclosure Requirements

Upon its effective date, the Act mandates stringent 'clear and conspicuous' disclosure requirements for advertisements containing AI-modified or AI-generated content. The disclosure must explicitly state the presence of AI-influenced content and adhere to several key conditions: it must be presented simultaneously with the first appearance of the synthetic content to the consumer, delivered through the same medium as the synthetic content itself, and, where technically feasible, designed to be permanent or exceptionally difficult to remove. The law further elaborates on what constitutes 'clear and conspicuous,' requiring disclosures to be readily noticeable, easily readable, comprehensible, and audibly discernible. Moreover, they must be presented in the exact language the consumer uses to interact with the synthetic content. Specific provisions are also laid out for print disclosures, demanding sufficient noticeability, contrasting text, and close proximity to the information it intends to qualify, thereby minimizing ambiguity and maximizing consumer awareness.

Exceptions

The Act provides specific exemptions for certain categories of content, recognizing scenarios where the use of AI-generated content does not inherently pose a risk of consumer deception. These exceptions include content that is patently fictional, meaning its fictional nature is evident from its content or context, and content intended for parody, satire, commentary, or criticism. Such forms of expression are generally understood not to be literal representations and are thus excluded from the disclosure requirements. Additionally, content limited exclusively to text is also exempted, streamlining compliance for advertisers whose AI use is confined to textual generation or modification without impacting visual or auditory elements in a deceptive way.

Enforcement

Regarding enforcement, the Pennsylvania Artificial Intelligence Deceptive Advertising Act empowers the Pennsylvania Attorney General and relevant district attorneys to take action against violations. They are authorized to pursue both temporary and permanent injunctive relief, which can prevent future non-compliant advertising practices. Furthermore, these authorities can initiate civil actions against offenders. Courts have the discretion to impose significant civil fines, potentially reaching up to $3,000 per violation, and may also order the payment of actual attorneys’ fees and court costs incurred during the enforcement process. Importantly, the Act explicitly states that it does not create a private right of action, meaning individual consumers cannot directly sue advertisers under this law, centralizing enforcement power with state legal authorities.