NY Enacts AI Ad Disclosure Law, Debates Persona Trademarks

In late October 2026, New York’s Legislature enacted the state’s first comprehensive AI advertising disclosure statute, which requires any ad incorporating an AI-generated persona that mimics a real person’s voice, face, mannerism, or trademarked likeness to provide a conspicuous disclosure stating the ad is AI-generated. The law also creates a framework for “persona trademarks,” allowing individuals to register the right to control the commercial use of a synthetic representation of themselves. Clients who run influencer marketing, digital campaigns, or financial product ads will need to assess whether their creative teams are using AI-generated content that could be construed as a portrayal of a real person. Law firms must review client contracts, update disclosure policies, and advise on due diligence for AI content to avoid potential civil liabilities and reputation damage. The legislation’s applicability extends to any New York-based or New York-advertised business, putting a spotlight on cross-jurisdictional compliance for firms with a national presence.