Pennsylvania requires disclosures for covered AI ad content

The Artificial Intelligence Deceptive Advertising Act defines synthetic content as information—such as an image, video, audio clip or text—that AI has significantly modified or generated.[3] Loeb & Loeb describes the law as covering images, video and audio significantly modified or generated by AI.[4] The Verge reports that the disclosure requirement applies regardless of where an ad was created.[1] That makes the location of production an insufficient basis, by itself, to decide whether a campaign needs a disclosure. Teams planning ads should assess the content and where it will be presented, while noting that the law’s definition includes a “significantly modified” threshold.[3][1]

A required disclosure must say that the ad contains content modified or generated using artificial intelligence.[3] It must appear the first time the synthetic content is presented to a consumer and use the same medium as that content.[3] Where technically feasible, the disclosure must be permanent or extraordinarily difficult to remove from the content.[3] The disclosure must also use the language or other interaction the consumer uses to interact with or comprehend the content.[3] For audio, volume and cadence must allow consumers to hear and understand the disclosure; for visuals, size, shade and screen duration must let them read and understand it.[3]

The law exempts content that is evidently fictional based on its content or context, as well as parody, satire, commentary and criticism.[3] Content limited to text is also exempt from the disclosure requirement.[3] Loeb & Loeb says an AI spokesperson delivering accurate information may not require disclosure in Pennsylvania, a point that highlights the need to assess the specific content rather than assume every AI use is covered.[4] The Pennsylvania attorney general or an appropriate district attorney may seek an injunction against a violation, and a court may impose a civil fine of up to $3,000.[3] The act preserves other legal recourse even when an AI disclosure is present.[3]

The law’s last recorded action is Act No. 99 of 2026, dated October 22, 2026, and Loeb & Loeb says it takes effect on December 21, 2026.[2][4] The Verge reports that Pennsylvania is among the first states to require disclosures on AI content.[1] It also reports that ads expected to air in Pennsylvania could prompt disclosures in other states.[1] For teams distributing campaigns across state lines, that possibility makes it useful to review placement plans alongside disclosure design. The Verge says “significantly modified” is subjective, so organizations may need to evaluate borderline edits carefully.[1]