Pennsylvania will require labels on some AI-made ads

Pennsylvania has passed a law that will require some ads to say when they contain AI-made content. The governor signed the Artificial Intelligence Deceptive Advertising Act on October 22, 2026. It takes effect December 21, 2026. It may apply to ads that reach Pennsylvania consumers, no matter where the advertiser is located.

What the law says

An advertiser must disclose AI use when synthetic content in an ad creates a false consumer perception about the nature, origin or authenticity of the goods or services. Synthetic content means images, video, audio and text generated or significantly modified using AI. The duty covers advertisers that create or share the ad, or cause it to be created or shared.

What is left out

Text-only content is excluded. So are parody, satire, commentary and criticism. Content that is evidently fictional, based on how it is shown or its context, is also excluded. The act does not define "false consumer perception," so it is not yet clear exactly where the line falls.

What the label must do

• Be clear and conspicuous, and say the ad contains content modified or generated using AI.
• Appear when the synthetic content is first presented, in the same medium as the ad.
• Be permanent or extraordinarily difficult to remove, where technically feasible.
• Be sized, placed and timed so people can notice and understand it, including audibility.

Penalties

The attorney general and district attorneys may seek injunctions and bring civil actions. Courts may impose a fine of up to $3,000 and award actual attorney fees and court costs. The act does not expressly create a private right of action, so it does not clearly let individuals sue on their own.

What to do

The law firm Sheppard Mullin, which wrote the analysis, says companies covered by the law may want to inventory and review their AI-generated ad assets. That could include asking agencies and production vendors how they build those assets. New York and California have similar laws. New Jersey has a pending proposal, A4728, that would restrict certain uses of generative AI and photo-editing software in ads for dwellings.