Pennsylvania AI Deceptive Advertising Act

Pennsylvania’s Governor recently signed into law the Artificial Intelligence Deceptive Advertising Act.  Once effective, the Act will prohibit an advertiser from creating and disseminating (or causing to be created and disseminated) an advertisement using synthetic content in a way that creates a false consumer perception about the nature, origin, or authenticity of the goods or services being advertised, unless the advertisement includes a clear and conspicuous disclosure stating that it contains content modified or generated using AI.  The disclosure must be displayed in the first instance whenever synthetic content is presented to a consumer, in the same medium as the synthetic content, and be either permanent or extraordinarily difficult to remove (to the extent technically feasible).  Under the Act, synthetic content means information that has been significantly modified or generated by AI, and includes information such as images, video, audio clips or text.  Content that is evidently fictional (based on the content or context of the depiction), content that is a parody, satire, commentary or criticism, and text-only content are excluded from the disclosure requirement.

When in the public interest, the Pennsylvania Attorney General and the appropriate district attorney will each have authority to bring a civil action seeking a temporary or permanent injunction to restrain the use or anticipated use of an advertisement that violates the Act.  In a civil action for violations, a court may award damages, a civil fine not exceeding $3,000, and actual attorney’s fees and court costs.

The Pennsylvania Artificial Intelligence Deceptive Advertising Act goes into effect on December 21, 2026.