Pennsylvania enacts AI disclosure law for deceptive advertising

Pennsylvania has enacted a law requiring advertisers to disclose certain uses of AI-generated or significantly AI-modified content that create a false impression about goods or services. The General Assembly’s record shows Gov. Josh Shapiro approved Senate Bill 806 on October 22, making it Act 99 of 2026.

The law applies when an advertiser knowingly, recklessly or willfully creates and disseminates—or causes the creation and dissemination of—an advertisement that uses synthetic content to create a false consumer perception about the nature, origin or authenticity of advertised goods or services. Act 99 is therefore a targeted deceptive-advertising rule, not a blanket labeling requirement for every ad made with AI.

The final text defines synthetic content as information, including an image, video, audio clip or text, that has been significantly modified or generated by AI. Once the statutory trigger is met, the disclosure must say that the advertisement contains content modified or generated using AI. It must appear the first time the synthetic content is presented, use the same medium and, where technically feasible, be permanent or extraordinarily difficult to remove.

A disclosure must be readily noticeable, readable, understandable and audible as applicable. It must use the language or other interaction the consumer uses to understand the synthetic content and must not contradict accompanying information. The law also sets format-specific standards for audio, visual and print disclosures.

The requirement does not cover content that is evidently fictional from its content or context; parody, satire, commentary or criticism; and content limited to text.

The Pennsylvania attorney general or an appropriate district attorney may seek a temporary or permanent injunction when officials have reason to believe someone is using or is about to use a prohibited practice and a proceeding would serve the public interest. Those officials may also bring a civil action. A court may impose a civil fine of up to $3,000 and award actual attorney fees and court costs.

An official fiscal note says the Office of Attorney General anticipated hiring a deputy attorney general, a technologist and an administrative assistant to enforce the law. The note estimated costs of about $437,000 in fiscal 2026-27 and $498,000 in subsequent fiscal years, while saying revenue from civil fines could not yet be determined.

The act takes effect 60 days after enactment.