Pennsylvania’s AI ad disclosure law takes effect Dec. 21
If you run paid ads in Pennsylvania, or run national campaigns that touch the state, you have a new compliance deadline to calendar. Gov. Josh Shapiro signed the Pennsylvania AI Deceptive Advertising Act into law, and it takes effect December 21.
How It Differs from New York and California
New York and California already require disclosures when ads feature synthetic performers: realistic AI-generated human figures. Pennsylvania casts a wider net. Its law targets any synthetic content that could deceive consumers about the products or services being advertised.
The statute defines synthetic content broadly as “information, including an image, video, audio clip or text, that has been significantly modified or generated by artificial intelligence.”
That breadth matters. A generated body part, say an AI-rendered hand washing dishes, probably does not qualify as a synthetic performer under New York or California law. Under Pennsylvania’s framing, it likely qualifies as synthetic content. When in doubt, disclose.
The Key Threshold: Misleading, Not Just AI-Generated
Pennsylvania does not require a disclosure on every piece of AI-touched creative. The trigger is whether the synthetic content “creates a false consumer perception about the nature, origin or authenticity of the goods or services being advertised.”
The practical read: if AI generated the sports car in a car ad, disclose. If AI enhanced the sunset behind a real sports car, disclosure is probably not required, because the sunset does not create a false impression about the car itself.
What a Compliant Disclosure Looks Like
The statute is specific. A disclosure must state that the ad “contains content that was modified or generated using artificial intelligence” and must:
- Appear the first time the synthetic content is shown to the consumer
- Be in the same medium as the synthetic content
- Be permanent or extraordinarily difficult to remove, to the extent technically feasible
“Clear and conspicuous” means readable size, sufficient contrast, close proximity to the claim, unobscured placement, and for audio, a volume and cadence a consumer can actually hear and understand.
Exceptions
Exemptions exist for content that is evidently fictional based on context, parody, satire, criticism, and content that is solely limited to text.
Enforcement
Pennsylvania’s law gives enforcement authority to the state attorney general, who can seek injunctions or impose civil fines of up to $3,000 per violation plus attorneys’ fees. There is no private right of action, which makes it lower risk than California’s approach. California treats a missing disclosure as an unfair or deceptive act, potentially opening the door to class actions under state consumer protection law.
Pre-Publish Checklist for Advertisers
- Audit your creative pipeline. Identify every AI-generated or AI-modified element across copy, imagery, audio, and video. Keep records.
- Update vendor contracts. Require agencies and production partners to flag AI use and follow your disclosure policy.
- Review holistically. Ask whether any synthetic element creates a misleading impression about the product or service itself.
- Add AI to your approval workflow. Include a human review step before publication.
- Build state-specific compliance. A national campaign now needs to satisfy Pennsylvania, New York, and California requirements simultaneously.
- Check platform rules too. Social media platforms and broadcast networks may impose disclosure requirements that go further than any of these state laws.
Democratic Sen. Nick Pisciottano, who sponsored the bill, said on Instagram that the law is meant to ensure consumers “know if it’s real or if it was generated with AI.” That framing is a useful guide: if realistic AI content materially shapes how a consumer perceives your product, disclose it.
I’m founder of BizStack at Cagri Sarigoz LLC and a passionate advocate for entrepreneurs.
With over 14 years in tech, marketing, and AI, including my role as Head of SEO at CitizenShipper and co-founder of TaleBot at Intale AI, I’m dedicated to sharing genuine, useful product insights and tips.
At BizStack, I aim to cut through the digital noise to provide clear, actionable advice.
And more than all else, I’m a father to a (always) little girl and a husband.
Contact me at [email protected] for assistance.
