Pennsylvania law requires disclosure labels on AI-made ads

Key points

Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act on Thursday, covering ads in images, video, audio and text.
Labels must match the ad's own format and apply wherever the ad was made, so out-of-state campaigns airing in Pennsylvania are included.
Terms like "significantly modified" and "evidently fictional" are not defined, and parody, satire, commentary and criticism are exempt.
State Sen. Nick Pisciottano, who introduced the bill, had not responded to The Verge's request for comment.

Why it matters for marketers: Any campaign reaching Pennsylvania audiences, from national TV spots to local flyers, may need AI disclosure labels, but vague wording makes compliance calls hard.

Pennsylvania Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act on Thursday. Under it, ads that AI has substantially altered or created must carry a disclosure, and the label has to appear in the same medium as the ad. A video ad needs a video disclosure, an audio spot needs an audio one, and so on.

The law is not limited to large brands. It reaches national television commercials and also small businesses, such as a restaurant promoting wing specials on a flyer. It also applies no matter where the ad was produced, so a campaign built in another state could show a label if it is also meant to run in Pennsylvania. The Verge notes Pennsylvania is among the first states to require this kind of disclosure.

For marketers, the harder part is interpretation. The law does not define what counts as "significantly modified," and it exempts parody, satire, commentary, criticism and anything "evidently fictional," another phrase left open. The wording also suggests a label is needed only when synthetic content creates a false consumer perception of a product or service. Who decides what is false is not clear.

Teams using generative tools for images, copy, voice or video should start documenting where AI touched each asset, and ask legal counsel how to treat edge cases. Watch for guidance, enforcement actions or clarifying amendments. The Verge reported that Sen. Nick Pisciottano's office, which sponsored the bill, had not yet replied to its request for comment.