California requires labels for prominent AI ad performers starting January 2027

An October 14 legal analysis details California’s coming disclosure requirement for advertisements prominently featuring realistic AI-generated performers. Starting January 1, 2027, covered ads must clearly tell consumers that the performance is synthetic. The rule reaches generated voices as well as digital figures—and makes missing disclosures a violation of California’s false-advertising laws.

Governor Gavin Newsom signed SB 1050 on September 16, 2026. His office framed it as both consumer transparency and protection for creative workers. SAG-AFTRA sponsored the bill and said it helped craft its language.

A synthetic performer is a digital figure, voice or representation created wholly or partly with generative AI. It must give a realistic impression of a human performance without being recognizable as an identifiable real person.

Prominence is defined by the performer’s role, not simply its presence. The requirement covers a figure in the foreground demonstrating or illustrating a product or service. It also covers delivering or voicing narration or a commercial message, whether on or off camera, and illustrating or reacting to that message.

The notice cannot merely exist somewhere in the ad. Skadden’s October 6 explanation describes a clear and conspicuous disclosure as difficult to miss and easy to understand. Its presentation must let a reasonable consumer notice, read and comprehend it, considering the ad’s medium, format and context.

Two exceptions narrow the requirement

• Advertisements for expressive works, including films, television programs, streaming content, documentaries and video games, are exempt when the synthetic performer’s use is consistent with its use in the work.
• The requirement also does not apply when generative AI is used solely for language translation of a human performer or for other accessibility features.

New York’s synthetic-performer disclosure law took effect in June 2026. New York requires disclosure for any synthetic-performer use in an advertisement, while California requires it only for prominent use. California also includes AI-generated voices, which New York’s law does not.

Once a court issues an order finding that an ad violates SB 1050, the applicable advertising medium must remove it and stop further distribution. The deadline is as soon as commercially reasonable and technically feasible.

That covers broadcasters, cable operators, online platforms, streaming services, digital ad networks and publishers distributing audio or audiovisual ads to California consumers. Entities unable to remove an ad, disable access or stop distribution are excluded.

SB 1050 sets no standalone penalty amount. It uses existing legal remedies and may be enforced under California’s Unfair Competition Law. Skadden notes that this permits private lawsuits.