Roll the Disclosures: California Enacts Synthetic Performer Disclosure Law

On September 16, with the signing of SB 1050, California joined its coastal counterpart, New York, in requiring brands to disclose when advertisements feature an AI-generated “synthetic” performer instead of a human actor. Importantly, unlike the New York law, California’s law paves the way for a potential private right of action. Effective January 1, 2027, the law reflects a growing concern about increasingly realistic digital figures, voices, and avatars in commercial content and aims to ensure consumers are aware when the “person” promoting a product is not a person at all.

Disclose, Disclose, Disclose

Similar to the New York law, which we wrote about here and here, California’s law requires advertisers to include a clear and conspicuous disclosure when an audio, video, or audiovisual advertisement prominently features an AI-generated synthetic performer. (Note that New York’s law does not apply to audio advertisements and requires a disclosure when any synthetic performer appears, whether or not it is “prominently featured.”)

Unlike the New York law, which is not prescriptive as to the content of the disclosure, California requires that the disclosure contain language “substantially similar” to the following: “This performance features a synthetic performer” or “No human performer is depicted.” Additionally, California prohibits the continued use of any advertisement found to be in violation of the law.

California’s law defines synthetic performer as a “human-like digital figure, voice, or representation created in whole or in part through artificial intelligence, machine learning, or other computational techniques, where the performer is not based on or intended to depict an identifiable natural person.” The law defines “prominently” as (a) in the foreground and demonstrating or illustrating the product or service; (b) providing or voicing the on- or off-camera narration or commercial message; or (c) illustrating or reacting to the on- or off-camera narration or commercial message. Basically, if you can see or hear the synthetic performance in an ad, it should be disclosed. The legislation contains an exception for advertisements promoting expressive works, including films, television programs, streaming content, documentaries, and video games, where the synthetic performer is used in a manner consistent with its use in the underlying work.

The Cost of an Uncredited Performance

The state attorney general can enforce the act under California’s consumer protection regime. Failure to include the disclosure may result in injunctive relief or a fine of up to $2,500 per violation. Furthermore, California ties a violation of SB 1050 to the state’s Unfair Competition Law, which could trigger private litigation, including class actions.

Getting the Campaign Camera-Ready

While the law’s disclosure requirement is relatively narrow, its practical reach may be broad. Brands should consider reviewing:

• Marketing campaigns that use AI-generated avatars, voices, or spokespersons
• Internal advertising review and approval procedures
• Agreements with agencies, production companies, and AI-content creators
• Disclosure practices across video, audio, and social media content

Brands should also consider whether existing advertising compliance programs adequately address the growing number of AI-specific obligations emerging at the state level.

Fade to Black: Key Takeaways

SB 1050 sends a simple message: Advertisers may use synthetic performers, but consumers should know when they are seeing them. For brands embracing AI-generated talent, the challenge now is ensuring that required disclosures are just as visible as the performers themselves.