On December 11, 2025, Governor Kathy Hochul signed S.8420-A/A.8887-B, which requires anyone producing or creating advertisements that include “AI-generated synthetic performers” to conspicuously disclose that fact. This is the first ever law like this in the USA.
The law takes effect on June 9th. Gird your loins.
The law applies to every paid advertising channel an ad runs on (Meta, Google, YouTube, TikTok, CTV, display, anything) if the ad is shown in New York state. It doesn’t matter where YOU are located: it matters if the ad is received inside New York state borders.
The trigger is narrow. Disclosure is required only when an ad uses a "synthetic performer": a digitally created asset made or modified using generative AI or a software algorithm that's intended to create the impression of a human performer who isn't recognizable as any identifiable natural person.
I think under this interpretation, you could make AI versions of existing, named humans. Just not unnamed,
not-real persons from scratch.
Therefore this law bans ads featuring influencers like Aitana Lopez, the AI-generated supermodel with hundreds of thousands of followers, shown in the header image of this post.
What “disclosure” has to look like is unclear. I’m assuming tiny text on screen, like we see for pharmaceutical ads on television. This is recommended by most law blogs I’m reading.
The law doesn’t apply to all AI content. It does not regulate AI in advertising generally or require disclosure for all AI-generated imagery.
AI-generated product shots or backgrounds without humans don't need the label, and it doesn't cover cartoon characters, animals, or fantastical figures not meant to represent a human. So maybe those brainrot Pixar-style ads are the future? Please no. Please god, no. Noooo.
There are exemptions. The duty applies only when the advertiser has presente knowledge of the s
📌 New York is banning your AI influencers (Jun)
🏢 The Media Buyer
📍 Jun
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