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Calling all advertisers! We’re back with an update. Three months after New York made it official that advertisers must disclose use of synthetic performers, California is following suit.
On September 16, 2026, Governor Newsom signed SB 1050, making California the second state to mandate disclosure of AI-generated performers in ads, effective January 1, 2027.
If you’re already complying with New York’s GBL § 396-b, you’ve got a good start, but don’t assume your compliance program is in the clear. SB 1050 shares New York’s DNA, with important differences in scope, disclosure mechanics, and, the big one, enforcement. Violations of SB 1050 are explicitly enforceable under California's false advertising and unfair competition laws, including through private plaintiff actions, making the potential exposure for noncompliance materially higher.
Here’s what to know.
The basics: what does SB 1050 require?
If your ad features a digital figure, voice, or representation that looks or sounds like a real human, but isn't any identifiable person, you need to make a clear and conspicuous disclosure.
Big picture, there's a lot of overlap with New York. But, as always, the devil is in the details. Here are the most important ways SB 1050 differs from New York GBL § 396-b:
| New York (GBL § 396-b) | California (SB 1050) | |
| Definition of “synthetic performer” | Broader.
Includes assets created or modified using generative AI or a software algorithm. | Narrower.
Only includes assets created in whole or in part using generative AI. |
| Scope | Broader: Could apply to ads that contain any synthetic performer, regardless of prominence. Narrower: Does not apply to audio-only ads. | Narrower: Applies to ads with prominently featured performers. Broader: Applies to synthetic performer voices. |
| Knowledge requirement? | Yes. | No. |
| Prescribed disclosure wording? | None. | Yes.
Use a disclosure substantially similar to “this performance features a synthetic performer” or “no human performer is depicted.” |
| Enforcement exposure | State only. | FAL/UCL enforcement, including by private plaintiffs. |
These differences matter, but we don’t see head-to-head conflict. We’re in fine-tuning territory, not telling you to yeet your entire compliance program into the sun.
So, what should I do today?
- Map out your compliance approach. You could have a problem in New York even if the performer is in the background. For a national approach, don’t bother teasing out whether your synthetic performer is “prominently featured” or not. Similarly, unless you're geofencing to specific jurisdictions, treat both AI-generated and algorithm-generated assets as covered. Err on the side of disclosure.
- Lock in your disclosure language. California’s statutory wording is a good candidate for a unified national disclosure. It works in New York too, and it closes the door on potential California private-plaintiff exposure over ambiguous wording.
- Check disclosure placement. Cross-jurisdictional compliance requires the disclosure to be clear and conspicuous, and present in the ad itself. California defines “clear and conspicuous” by statute. The disclosure must be “difficult to miss, easily understandable,” and presented so a reasonable consumer “would notice, read, and comprehend” it.
- Tighten your intake process. If you’re using agencies, vendors, or production partners, you need to have a thorough understanding of how AI is used in deliverables. Unlike in New York, in California, a lack of knowledge of synthetic performers appearing in your ad is not a defense.
- Be aware of international exposure. The EU has its own AI transparency requirements. If you’re designing a single global disclosure framework, the EU adds another layer of requirements that may not align with the California or New York standard.
- We’re here to help. This area is moving fast. We’re tracking enforcement activity and monitoring the growing wave of state-level AI advertising legislation. If you need help pressure-testing your compliance program, give us a call.