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New York State implemented groundbreaking legislation in June requiring advertisers to clearly indicate when artificial intelligence generates models or actors featured in commercial content. The regulation, known as the Synthetic Performers law, represents the first statewide measure of its kind across the United States. Already, the state attorney general’s office has received four formal complaints alleging violations, with all cases currently under investigation.
Two of these complaints have been made public, targeting athletic apparel company Athletifreak and eyewear retailer Bloobloom for allegedly using undisclosed synthetic performers in their marketing campaigns. The allegations include evidence from both companies’ websites and social media platforms. Governor Kathy Hochul emphasized that the legislation protects consumers while respecting the creative workforce. Violators face financial penalties ranging from $1,000 for initial offenses to $5,000 for subsequent violations.
Beyond state regulations, federal authorities also possess enforcement authority in this domain. The Federal Trade Commission maintains long-standing rules prohibiting deceptive advertising practices, including fake testimonials and misleading endorsements. Recent FTC updates explicitly address artificial intelligence-generated content, with maximum penalties reaching $51,744 per violation. However, the Trump administration’s current regulatory stance toward artificial intelligence remains minimal, potentially affecting how aggressively federal agencies pursue violations.
Tech companies are already responding to New York’s law. Amazon recently mandated that third-party sellers disclose artificial intelligence usage in product images and videos. As awareness of these regulations grows, additional complaints and enforcement actions appear likely, signaling a shift toward stricter oversight of synthetic performers in advertising.
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