On September 16, 2026, Governor Newsom signed SB 1050 at the headquarters of the bill's sponsor, SAG-AFTRA. His one-liner is the whole bill: "Californians deserve to know when the person selling them something isn't a person at all." SAG-AFTRA's Duncan Crabtree-Ireland said the union was "proud to help craft the language of the bill." What it requires is a synthetic performer disclosure in ads.
So picture the ad. A friendly spokesperson holds up a serum, smiles, and tells you it changed her skin. She doesn't exist. From January 1, 2027, if that ad runs in California, it needs a label. Here's what the statute actually says.
Takeaway #1: Who counts as a "synthetic performer"
FROM THE RULE
"It is unlawful for any person to create and cause to be published in an advertising medium an advertisement that prominently includes a synthetic performer without a clear and conspicuous disclosure that the advertisement includes a synthetic performer."
What it means for you. A "synthetic performer" is a digital figure, voice or representation made "in whole or in part using generative artificial intelligence" that gives "the realistic impression" of a human performance by someone "not recognizable as any identifiable natural person." So this law is about made-up people. A deepfake of a real celebrity is a different problem, covered by likeness laws.
"Prominently" has a definition, and it's broad. The AI performer is in the foreground "demonstrating or illustrating the product," is "Providing or voicing the on- or off-camera narration," or is "Illustrating or reacting to" the narration. An AI voiceover counts. California's definition of an ad covers "any audio, video, or audiovisual message," so a podcast spot can count too.
The statute also sets the words. A disclosure "shall use wording substantially similar to "this performance features a synthetic performer" or "no human performer is depicted."" That's a requirement, not a suggestion: a vague "made with AI" tag may not be close enough. Using the statute's own words covers the wording; the label still has to be clear and conspicuous. And the enforcement hook is old and familiar: a violation "constitutes a violation of Section 17500," California's false-advertising law.
Your move. If you make ads, build the label into your production checklist now. Decide who signs off that an AI performer is "prominent," and keep a record of the decision.
Takeaway #2: New York got there first, with a different trigger
FROM THE RULE
"Any person engaged in the business of dealing in any property or service who for any commercial purpose produces or creates an advertisement respecting any such property or service, in any medium or media in which such advertisement appears, shall conspicuously disclose in such advertisement that a synthetic performer is in such advertisement, where such person has actual knowledge."
What it means for you. New York's version took effect June 9, 2026, 180 days after it was signed on December 11, 2025. It carries "a civil penalty of one thousand dollars for a first violation, and five thousand dollars for any subsequent violation." Notice the differences. New York applies "where such person has actual knowledge." California's rule has no knowledge element. New York exempts "Audio advertisements." California's definition includes audio.
Both laws exempt ads for movies, shows and games, as long as the synthetic performer is used the way it's used in the work itself. Both also exempt AI used solely for translating a human performer; California adds "other accessibility features." The devil is in the details: a brand campaign with an AI host isn't a movie trailer.
California also puts the platforms on the hook in one specific situation. Once a court has found an ad violates the law and the platform is served, it must, "as soon as commercially reasonable and technically feasible," take the ad down in California and "Cease accepting payment for further dissemination."
Your move. If you're a creator taking brand money, ask the agency in writing whether any performer in the spot is AI-generated, and who's responsible for the label. Put the answer in the contract.
Sample wording (our illustration): "Agency represents that any synthetic performer in the Ad is identified in Exhibit B, and Agency is responsible for all disclosures required by law."
And always remember, don't sign it till you read it, my friends.
General information, not legal advice. Reading this doesn't create an attorney-client relationship. Talk to a lawyer before you run an ad with an AI performer.
Sources
- SB 1050 (Ashby), Chapter 246, Statutes of 2026 (chaptered text)
- Office of the Governor, 'Governor Newsom signs new law to protect workers, require disclosures on AI-generated advertising', Sept 16, 2026
- N.Y. General Business Law §396-b (NY Senate Open Legislation)
- NY S.8420-A bill page (signed Dec 11, 2025, chapter 617)
