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ARTICLE · 11 NOVEMBER 2026

The Emerging Disclosure Regime For Using AI In Advertising

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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New York, California, and Pennsylvania have enacted distinct disclosure laws for AI-generated content in advertising, each taking different approaches to when and how advertisers must inform consumers about synthetic performers and content. These emerging state regulations create a complex compliance landscape for national campaigns, with varying requirements around prominence thresholds, disclosure specifications, and the scope of covered content.

United StatesMedia, Telecoms, IT, Entertainment

Four hypothetical advertisers use AI in their latest hypothetical campaigns:

  • A national bank features an AI-generated performer (not based on a real human) portraying a potential bank customer who describes her banking needs. 
  • A sporting goods retailer hires human actors to play baseball in the foreground, with AI-generated spectators filling the stadium behind them. 
  • A perfume company uses AI to depict a well-known celebrity spokesperson floating in the clouds, wearing angel wings. 
  • A soft drink company’s commercial depicts, in slow motion, its soda pouring into an ice-filled glass, with beads of condensation running down the sides – all generated by AI, with no humans (AI-generated or otherwise) in sight. 

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