What happened
New York’s synthetic performer disclosure law takes effect on June 9, 2026.
The law amends New York General Business Law Section 396-b and creates a new disclosure requirement for certain AI-generated advertising.
A person or business that produces or creates an advertisement for a commercial purpose must conspicuously disclose when a synthetic performer appears in the ad, where the advertiser has actual knowledge.
A synthetic performer generally refers to a digitally created or modified asset, including one created with generative AI or software, that gives the impression of a human performer who is not recognizable as an identifiable real person.
For ecommerce brands, this is most relevant to visual and audiovisual ad creative, including:
- AI-generated human models
- AI avatars
- Virtual presenters
- Synthetic influencers
- Fake UGC-style people
The law carries civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.
It does not appear to be a broad disclosure rule for every use of AI in advertising. The focus is on synthetic performers in ads.
Why it matters for sellers
This matters because AI creative is moving faster than ad compliance workflows.
Many marketplace brands are already testing AI-generated product videos, lifestyle images, UGC-style ads, and creator-like assets to reduce production time and creative costs.
That can be useful, but New York’s rule adds a new checkpoint before those ads go live.
The most immediate risk is not just a single ad. It is the creative library.
Brands should review active and scheduled campaigns across:
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Meta
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TikTok Shop
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YouTube
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Amazon DSP
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Display
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Influencer-style paid social
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Agency-produced creative that may reach New York consumers
This is especially important for teams using AI-generated people in beauty, wellness, apparel, baby, pet, and lifestyle categories, where human demonstrations and testimonial-style visuals are common.
Sellers should also check whether their disclosure process is consistent across platforms.
If one AI-generated person appears in several ad variations, the disclosure issue may repeat across multiple placements.
For brands scaling paid media across channels, beBOLD’s guide to TikTok Shop Ads is a useful reminder that creative strategy and platform execution need to work together.
For beauty brands comparing paid media channels, beBOLD’s Amazon Ads vs Meta Ads for Beauty guide can also help frame how ad creative, audience intent, and performance expectations differ by platform.
beBOLD Digital’s take
This is a creative operations update, not just a legal headline.
Ecommerce brands should not wait until an ad is flagged to figure out whether an AI disclosure is needed.
The smarter move is to add a review step for synthetic performers before launch.
Start with a simple audit:
- Identify ads that use AI-generated people, avatars, or virtual spokespeople.
- Confirm whether those ads are active, scheduled, or reusable across future campaigns.
- Add disclosure guidance into creative briefs, agency workflows, and approval checklists.
- Review higher-risk campaigns with legal counsel before scaling spend.
AI-generated creative can still be useful, but brands need clearer controls around when, where, and how it is used.
If your brand is using AI-assisted ad creative and needs help aligning marketplace growth, paid media execution, and creative review workflows, beBOLD Digital can help you build a smarter advertising strategy. Contact our team for a consultation.
Sources
New York State Senate Bill S8420A:
https://www.nysenate.gov/legislation/bills/2025/S8420
New York General Business Law Section 396-b:
https://law.justia.com/codes/new-york/gbs/article-26/396-b/
Golden Data, What is New York’s Synthetic Performer Disclosure Law? https://medium.com/golden-data/what-is-new-yorks-synthetic-performer-disclosure-law-9e1cd2ce9438
Manatt, New York Synthetic Performer Law: What Advertisers Need to Know: https://www.manatt.com/insights/newsletters/client-alert/new-york-synthetic-performer-law-what-advertisers-need-to-know
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