Pennsylvania mandates disclosures for misleading AI ads

Pennsylvania has enacted the Artificial Intelligence Deceptive Advertising Act, requiring clear and conspicuous disclosures when AI-generated or significantly AI-modified advertising creates a false consumer perception about the nature, origin, or authenticity of goods or services. Governor Josh Shapiro signed the law on October 22, 2026, and its requirements are scheduled to take effect on December 21, 2026. The measure is not a blanket disclosure mandate for all advertising that uses AI.

Disclosures must appear when synthetic content is first presented, use the same medium, and be readily noticeable and understandable. Requirements cover language, placement, contrast, duration and audibility. Where technically feasible, disclosures must be permanent or extraordinarily difficult to remove. Exemptions cover evidently fictional content, parody, satire, commentary, criticism and content limited to text.

The Pennsylvania Attorney General or appropriate district attorney may seek injunctions and bring civil actions. Courts may impose a civil fine of up to $3,000, plus actual attorney fees and court costs. The law does not expressly authorize consumers to sue directly, and disclosure does not shield advertisers from other applicable claims.

Consumer-facing businesses, including financial services providers, should review synthetic testimonials, spokespersons and product demonstrations, alongside controls used by advertising agencies and marketing vendors. Compliance depends on both whether content creates a misleading impression and how disclosures are presented.