NEW YORK STATE and PENNSYLVANIA — Within the past year, both New York State and Pennsylvania have passed legislation that restricts the use of artificial intelligence in creating advertising material. 

New York's legislation, which came into effect over the summer, specifically targets the use of undisclosed "deepfakes" in advertising. Pennsylvania's bill, which comes into effect later this year, requires disclosure for any AI use that would create a false consumer perception of the goods being advertised. 

Pennsylvania

Pennsylvania's Gov. Josh Shapiro signed Pennsylvania's bill, SB 806, into law on Thursday, October 22, and will take effect in 60 days. The bill was sponsored by Allegheny Sen. Nick Pisciottano. 

Pisciottano sent out a press release when the bill passed the general assembly, calling it a landmark bill that put Pennsylvania in a small group of states taking action to establish requirements around transparency. 

"This is a major step for consumer protection in Pennsylvania," said Pisciottano. "Consumers deserve to know if AI is being used to create a false impression about a product or service."

The legislation reads, in part, "an advertiser may not create and disseminate or cause to be created and disseminated an advertisement that uses synthetic content [i.e., information significantly modified or generated by artificial intelligence] in a manner that creates a false consumer perception about the nature, origin or authenticity of the goods or services being advertised, without clear and conspicuous disclosure."

Exceptions are made to content that is evidently fictional based on content or context; parody, satire, commentary or criticism; or limited to text. The Attorney General and district attorneys can bring injunctions against advertisers or impose civil fines up to $3,000 for violations of the statute. 

New York

The New York State bill, signed into law December 11, 2025, takes a narrower swing at the concept of artificial intelligence in advertising. The bill specifically requires disclosure when "deepfakes"—synthetic media created or modified using artificial intelligence to mimic the appearance of a real person—are used in advertising. 

"As artificial intelligence continues to evolve, New Yorkers, and Americans in general, are struggling to distinguish fact from fiction," said Manhattan Assemblymember Linda Rosenthal, who sponsored the bill. "Ads that use synthetic media, or deepfakes, play tricks on a viewer's mind—it erodes people's trust in the media and warps our shared reality, making it easier to spread misinformation and manipulate emotions."

Exceptions are made for advertising which promotes media featuring synthetic or animated characters, and it does not apply to audio-only advertising. Violations of the law will result in a civil penalty of $1,000 for a first offense and $5,000 for subsequent violations.