Pennsylvania signs its AI Deceptive Advertising Act: misleading AI ad content needs a label in 60 days

Pennsylvania Governor Josh Shapiro approved the Artificial Intelligence Deceptive Advertising Act on 22 October, according to the Legislature’s bill history. It is Act 99 of 2026, from Senate Bill 806, introduced by State Senator Nick Pisciottano. Both chambers signed it on 20 October and it went to the governor on 21 October. The enacted text says it takes effect in 60 days.

What the law requires

The core rule is one sentence. An advertiser may not “knowingly, recklessly or willfully” create and spread an ad that “uses synthetic content in a manner that creates a false consumer perception about the nature, origin or authenticity of the goods or services being advertised” without a clear and conspicuous disclosure.

The act defines synthetic content as information, “including an image, video, audio clip or text, that has been significantly modified or generated by artificial intelligence”. The disclosure has to say the ad contains content that was modified or generated using AI, and it must be:

1. shown the first time the synthetic content is presented to the consumer,
2. in the same medium as the synthetic content, and
3. “to the extent technically feasible, permanent or extraordinarily difficult to remove”.

“Clear and conspicuous” gets a long definition: readable size, contrast and screen time for visual ads, a volume and pace a listener can follow for audio, and a type size that stands out from the background in print, including point-of-sale displays and brochures.

What is exempt

Section 4(b) carves out content that is “evidently fictional based on the content or context of the depiction”, parody, satire, commentary or criticism, and content “limited to text”. So an AI-written text ad on its own does not need the label, even though text is in the definition of synthetic content.

Enforcement

The Attorney General or a district attorney can seek an injunction or bring a civil action. A court may award damages, including “a civil fine that does not exceed $3,000” plus attorney fees and court costs. The text names only the Attorney General and district attorneys as the ones who bring actions, and it says a disclosure does not limit any other recourse under law.

The open questions

The Verge calls Pennsylvania one of the first states to require these labels, and points out that the rule applies to ads shown in Pennsylvania wherever they were made. It also flags the soft spots: “significantly modified” and “evidently fictional” are not defined, and the label is only required when the content creates a false perception about the product. Who decides that will be settled by enforcement, not by the text.

Why it matters

For teams that ship generative ad tools, or use them, the practical change is a labeling step in the export pipeline for image, video and audio creative, with a label that survives cropping and re-uploads where that is technically feasible. The 60-day clock puts the start date around late December 2026.