California Law Requires Disclosure for AI Performers in Ads

California has enacted SB 1050, a new law requiring clear and conspicuous disclosures for the use of AI-generated “synthetic performers” in advertisements disseminated within the state. A synthetic performer is defined as a human-like digital creation not based on any specific real person; depictions of actual individuals remain governed by existing right-of-publicity law. The mandated disclosure must appear near the digital performer and state that the performer is synthetic. Critically, violations are treated as false advertising and are actionable under California’s Unfair Competition Law, which provides for both civil enforcement and a private right of action. The law also prohibits the continued use of an ad found to be noncompliant, requiring it to be pulled or corrected immediately. The law includes a narrow carve-out for promotional material for expressive works like films or video games, but only if the synthetic performer's use in the ad mirrors its use in the underlying work. Companies advertising in California should now audit creative content, develop compliance protocols, and update ad-sales contracts to address these new requirements.