New York's General Business Law 搂 396-b has applied since 9 June 2026. Anyone advertising a product with a synthetic performer, meaning an AI-generated human figure that is not recognisable as a real person, must disclose this conspicuously in the ad, where they have actual knowledge.
A first violation costs USD 1,000, each further one USD 5,000. Whether still images such as product photos are covered is left open by the law; labelling them is advisable.
| Status | in force |
|---|---|
| Applies from | 09/06/2026 |
| Legal basis | New York General Business Law 搂 396-b (S.8420-A / A.8887-B, Chapter 617 of 2025) |
| Visible label | yes |
| Machine-readable | no |
| Who is obliged | Advertisers |
| Penalties | USD 1,000 for a first violation, USD 5,000 for each subsequent one (搂 396-b(3)) |
| Source quality | primary source |
What the law requires
"Synthetic performer" means a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance of a human performer who is not recognizable as any identifiable natural performer.
New York General Business Law 搂 396-b(1)(c)
Showing such a figure in an ad requires a conspicuous disclosure. The law, signed on 11 December 2025, covers anyone dealing in goods or services who produces an advertisement for a commercial purpose, in any medium, where they have actual knowledge of the synthetic performer (subsection 3). Audio ads, cases where AI only translates a human performer's language (subsection 7) and media that merely publish ads (subsection 8) are exempt.
The law covers AI-generated, non-identifiable humans, not AI products or AI backgrounds. Real, recognisable people fall under other New York rules. The law does not define "advertisement", "conspicuously" or "performance".
What this means for EU retailers
- If your ads or product images for New York customers show an AI model, add a clear notice such as "AI-generated model", visible without a click. An EU label that is visible without interaction generally covers this.
- The FTC's rule is a useful benchmark for "conspicuous". Under it, a disclosure must be unavoidable, and clicking or hovering must not be needed to see it (16 CFR 搂 465.1).
- On Amazon, also tag photorealistic AI people in the image file, see Amazon.
- In Google Merchant Center, labelled assets in campaigns targeting New York receive visible overlays, see Google Merchant Center.
Frequently asked questions
Does the New York rule apply to product photos?
That is open, because the law does not define "advertisement". Labelling AI models conspicuously is advisable.
Do AI backgrounds or AI products need a label in New York?
Not under 搂 396-b, which only covers AI-generated human figures. Such an image may still need a label under EU law.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- New York General Business Law 搂 396-b (synthetic performers)New York State Senate 路 Law 路 9 Jun 2026
- Amazon Seller Central: tagging AI-generated people in imagesAmazon 路 Platform 路 3 Oct 2026
- Google Merchant Center: AI content label settings and disclosuresGoogle 路 Platform 路 3 Oct 2026
- USA: 16 CFR Part 465 (fake reviews and testimonials)eCFR 路 Law 路 21 Oct 2024
