11 Nov NY Synthetic Performer Law: What It Means for Influencer Ads

As of June 9, 2026, New York requires advertisers to disclose when an ad features an AI-generated or digitally created person. The law covers any ad that can be seen in New York, so it applies to most national influencer campaigns, no matter where a brand is based. Here’s what the law says and what it means for brands working with creators.

What the law says

It’s the first law of its kind in the country. Under it, any advertiser or agency that knows an ad includes a “synthetic performer” has to disclose that clearly in the ad.

So what’s a synthetic performer? The law describes it as a digital person made or altered with generative AI or other software, meant to look like a real human performing, but who isn’t recognizable as any actual person. It doesn’t have to involve AI at all. A digital human built with older visual-effects software is covered too. AI copies of real, recognizable people (say, a cloned celebrity) aren’t covered by this law, because right-of-publicity laws already deal with those.

Fines start at $1,000 for a first violation and go up to $5,000 for each one after that. There are a few exemptions, including audio-only ads, AI used only to translate a real performer’s words, and trailers or promos for films, TV shows and games when the synthetic character matches how it appears in the work.

Why this matters for your campaigns

The law is about where the ad is seen, not where the brand or creator is located. If your TikTok or Instagram campaign runs nationally, assume New York is in the audience.

AI-generated UGC is where we see the most risk for brands. Avatar videos made to look like real customer reviews have drawn the strongest backlash so far. In June, The Guardian looked at ads from brands using AI-generated influencers and didn’t find a single one that disclosed it. Consumers are paying attention, too. One study found that the share of consumers who distrust brands that rely heavily on AI content doubled in a year, from 20% to 40%. The same research suggests audiences are mostly fine with AI. What bothers them is finding out after the fact.

Working with creators

The law applies to anyone who creates or produces an ad and knows it includes a synthetic performer. That means a creator who makes sponsored content with an AI avatar probably has a disclosure obligation of their own. It doesn’t let your brand off the hook, though. You’re still responsible for the ads you produce, and the FTC already holds brands and creators jointly liable for sponsored posts. It also works in the creator’s favor in some cases. If your team adds AI-generated people to a creator’s content and doesn’t tell them, the responsibility to disclose is yours.

There’s still some uncertainty about AI edits to real creators. An AI clone of a recognizable creator isn’t covered, but footage of a real creator that’s been heavily altered with AI could be, since the law includes content that’s been modified. We expect more guidance on this.

You may need two disclosures

This law doesn’t replace the FTC’s rules on sponsored content. It adds to them. If a paid post includes an AI-generated person, you may need one disclosure that it’s an ad and another that the person isn’t real. New York hasn’t said exactly what the label should say or how prominent it needs to be. Until it does, brands should use simple wording like “AI-generated person” on the video or image itself, not tucked into the caption.

What we recommend

• Keep track of which creative assets include AI-generated people before anything goes live.
• Update creator contracts so creators have to tell you when they use AI-generated people and spell out who is responsible for adding the              label. Warranties, indemnification and records of how the content was made are worth including too.
• Require approval for any creator content made with generative AI tools, and make sure your creators understand the disclosure rules.
• If you’re not sure whether something needs a label, add one.
• Don’t forget about other markets. The EU’s AI Act started requiring similar disclosures on August 2, 2026.

Looking ahead

Influencer disclosure has always been about whether a post was paid for. Now brands also have to be upfront about whether the person in the post is real. The brands that get ahead of this will avoid fines, and more importantly, they’ll keep the trust that makes creator marketing work in the first place. If you’d like a second set of eyes on your current creator programs, we’re happy to help.

This post is for general information and is not legal advice.