Pennsylvania has enacted legislation requiring advertisers to disclose when artificial intelligence has been used in creating advertisements. Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act into law on October 22, 2026. This new law mandates that any advertisement, whether it is an image, video, audio, or text, that has been "significantly modified or generated by artificial intelligence" must include a clear and conspicuous disclosure. The disclosure must appear in the same medium as the advertisement and be presented at the first instance the content is shown to consumers. This legislation positions Pennsylvania as one of the first states to implement such a requirement for AI-generated advertising content.
The Artificial Intelligence Deceptive Advertising Act aims to ensure consumers are aware when AI has played a role in the creation of advertisements, particularly when that use could lead to a false perception about the nature, origin, or authenticity of the goods or services being advertised. State Senator Nick Pisciottano, the bill's sponsor, stated that the law is a significant step for consumer protection, providing a transparency standard so that Pennsylvanians can make informed purchasing decisions while still allowing businesses to utilize new technologies. The law applies to advertisements shown within the state, even if they are produced elsewhere.
The legislation includes specific exemptions, excluding content that is evidently fictional, or used for parody, satire, commentary, or criticism. Advertisements limited solely to text are also exempt from the disclosure requirement. The law does not require knowledge of AI use to be proven for enforcement, and it explicitly preserves other existing legal remedies for deceptive advertising. Enforcement of the Act falls to the Pennsylvania Attorney General and district attorneys, who can seek injunctions or pursue civil actions, with potential fines of up to $3,000 per violation, plus attorney fees and costs. The law takes effect 60 days after its signing, on December 21, 2026.
The passage of this law follows similar legislative actions in other states, such as New York and California, which have focused on the disclosure of synthetic performers in advertising. However, Pennsylvania's law extends its scope to all "synthetic content," not just human likenesses. While the intent is to promote transparency, some interpretations of the law suggest ambiguity regarding what constitutes a "false consumer perception" that necessitates a disclosure. The tech industry group NetChoice has raised objections to such regulations, arguing for less restrictive measures.