New York AI Advertising Law and How Google and Meta Label AI Ads
What a New York business must disclose when an ad uses an AI generated person, how Google and Meta label AI ads and a checklist for every ad you run.
Key Takeaways
- New York's AI advertising law has been in effect since June 9, 2026 and requires a conspicuous disclosure in any ad that features an AI generated person.
- Penalties are $1,000 for a first violation and $5,000 for each later one, and the duty falls on the business that produces or creates the ad.
- Google Ads now shows a visible AI label on ads targeting New York when you mark assets as created or edited with AI, but Google says the label doesn't guarantee compliance.
- Meta labels ads made with its own AI tools, so your own on screen disclosure is what covers the law on every platform.
On This Page
- What the New York AI Advertising Law Requires
- The Synthetic Performer Definition
- Exemptions and Who Isn't Liable
- Penalties and the Pending Amendment
- Google Ads AI Labels in New York
- Meta AI Info Labels on Ads
- New York Law vs Platform Labels
- AI Ad Disclosure Checklist for New York Businesses
- Frequently Asked Questions
- Sources
New York's AI advertising law requires any business that produces an ad featuring an AI generated person, called a synthetic performer, to say so conspicuously in the ad. It has applied since June 9, 2026, with penalties of $1,000 for a first violation and $5,000 for each one after that.
Google Ads now adds a visible AI label to ads targeting New York when you mark an asset as made or edited with AI, and Meta labels ads built with its own AI tools. Neither label replaces the disclosure the law asks for. Below is what counts as a synthetic performer, what's exempt, how each platform labels AI ads and a checklist to run before your next campaign.
What the New York AI Advertising Law Requires
New York's law, S.8420-A, adds section 396-b to the General Business Law. Governor Hochul signed it on December 11, 2025 as Chapter 617 of 2025, and it took effect 180 days later, on June 9, 2026, when the Governor's office announced it was in effect. Anyone in business who produces or creates an ad for a commercial purpose must conspicuously disclose in the ad that a synthetic performer appears in it. The duty applies in any medium where the ad runs, and only when you have actual knowledge that the performer is synthetic.
The text doesn't prescribe exact wording or placement, so a short plain line that viewers can read without pausing is the safest reading of conspicuous.
The Synthetic Performer Definition
The law defines a synthetic performer as a digitally created asset made, reproduced or modified by computer with generative AI or another software algorithm, which is meant to give the impression of a human performer and isn't recognizable as any identifiable real person. In practice that covers an AI avatar presenting your offer, an AI generated customer in a testimonial style video and a made up model wearing your product.
It doesn't cover a photo of a real, recognizable employee that you retouched with AI, because that person is identifiable. AI generated backgrounds, products or text with no human figure fall outside it too. Platform labels are broader, which the sections below cover.
Exemptions and Who Isn't Liable
The bill text exempts audio ads and uses of AI that only translate a real performer's speech into another language. Ads for expressive works such as films, TV shows, streaming content and video games are exempt when the synthetic performer is used the same way as in the work itself. The law also doesn't apply to the medium that carries the ad, such as a newspaper, broadcaster, streaming service or billboard owner. The duty sits with the business behind the ad, so a platform running your ad doesn't take on the obligation.
Penalties and the Pending Amendment
A violation carries a civil penalty of $1,000 for the first one and $5,000 for each one after that. A separate bill, A.11683, was introduced in the Assembly on September 2, 2026 and sits in the Consumer Affairs and Protection Committee. It would require the disclosure in video ads to stay visible for the whole time a synthetic performer is on screen, and would drop the line limiting the definition to performers who aren't recognizable. It hasn't passed either house, but keeping the disclosure on screen the whole time costs nothing and already meets the stricter version.
Google Ads AI Labels in New York
Google Ads has an AI label setting that lets you mark any asset as created or edited with AI. Google's Ads Editor help page lists 6 locations where a labeled ad also shows a visible overlay on the ad itself for campaigns that target them. They are the European Union, India, New York, California, South Korea and Vietnam. Everywhere else the disclosure appears in the How this ad was made section of My Ad Center, reached from the three dot menu on Search, YouTube and Discover ads.
You set the label per asset, when you upload or generate an image or later in the asset library, one at a time or in bulk for images. Google can also apply labels itself where the law requires it or when it receives signals from other platforms, and you can't remove those. Google warns that its image enhancements in Display, Performance Max and Demand Gen can crop a label you placed inside an image. It also says the setting doesn't guarantee compliance with any law. Treat the label as an extra layer on top of your own on screen disclosure. Our Google Ads updates tracker follows further changes to the setting.
Meta AI Info Labels on Ads
Meta labels ads whose images or video were created or significantly edited with its own generative AI tools. When those tools add a photorealistic person, the AI info label sits next to Sponsored instead of inside the menu. An update on June 1, 2026 moved ad transparency details into a new About this ad section in the three dot menu and said Meta will automatically detect ads made with third party AI tools through industry standard signals. Meta doesn't offer a setting that makes its label count as your New York disclosure, so put the disclosure in the creative itself. The Meta Ads updates tracker covers further changes.
New York Law vs Platform Labels
| New York law | Google Ads | Meta | |
|---|---|---|---|
| What triggers it | A synthetic performer in an ad, when you know it's there | Assets you label as created or edited with AI, plus labels Google applies itself | Images or video made or significantly edited with Meta's AI tools plus third party AI detected through industry signals |
| Where the disclosure shows | Conspicuously in the ad itself | My Ad Center for every labeled ad plus an overlay on the ad in New York | The About this ad menu (next to Sponsored when Meta's tools add a photorealistic person) |
| Who acts | The business that produces or creates the ad | You set the label per asset | Meta applies the label |
| Satisfies the law on its own | Not applicable | Google says the setting doesn't guarantee compliance | Meta makes no compliance claim |
The pattern is the same on every platform. The law asks you for a disclosure inside the ad, and the platform labels sit beside it without replacing it.
AI Ad Disclosure Checklist for New York Businesses
Go through this list for every ad that will run in New York, on any platform.
- List every ad that shows a person and record how each person was made (filmed, photographed, AI generated or AI edited)
- Ask your agency, creators and stock libraries in writing whether any person in the ad is AI generated
- Add a visible line such as "This ad features an AI generated person" to every ad with a synthetic performer, for as long as that person is on screen
- Label the matching assets in Google Ads as created or edited with AI
- Turn off image enhancements that could crop a disclosure you placed in the image
- Check how the ad looks in Meta, TikTok and YouTube previews and confirm your own disclosure is readable on a phone
- Keep the source files and vendor answers for each ad in one folder
- Recheck after any edit, since swapping a real model for an AI one creates a new obligation
If you also use AI in chat or phone support, the proposed NYC AI customer service rule adds a separate disclosure at the start of each conversation. Our content creation team builds AI assisted ad creative with these disclosures planned in from the first draft.
Frequently Asked Questions
Does the law apply if my business isn't based in New York?
The law doesn't limit itself to businesses located in the state. If your ads reach people in New York, plan on adding the disclosure. Google already shows its overlay on campaigns that target New York.
Is an AI avatar in a TikTok or YouTube ad covered?
Yes, if the avatar looks like a human and isn't a recognizable real person. The law covers ads in any medium, so the platform makes no difference.
Who is responsible if an agency or creator made the ad?
The law places the duty on whoever produces or creates the ad for a commercial purpose, and the media that run it are exempt. Agree in writing with your agency or creator who adds the disclosure and who confirms whether any person in the ad is AI generated.
Does Google's AI label satisfy the New York law?
Google says using the label setting doesn't guarantee compliance with any regulation. Use it, and also put a readable disclosure in the ad itself.
Sources
- NY State Senate, Senate Bill S8420A (2025) nysenate.gov
- Governor Hochul, law requiring disclosure of AI generated synthetic performers in ads is in effect (June 9, 2026) governor.ny.gov
- Governor Hochul signs legislation to boost AI transparency (December 11, 2025) governor.ny.gov
- NY State Assembly Bill A11683 (2025) nysenate.gov
- Google Ads Help, Use AI content label settings and disclosures support.google.com
- Google Ads Editor Help, Use AI content label settings and disclosures in Google Ads Editor support.google.com
- Meta, Expanding GenAI Transparency for Meta's Ads Products (updated June 1, 2026) about.fb.com
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