California enacts SB 1050, requiring disclosure of synthetic performers in advertising

California enacted SB 1050 on 16 September 2026, requiring advertisers to disclose when an advertisement prominently features a synthetic performer. The law defines a synthetic performer as "a human-like digital voice, figure, or representation—created at least in part using generative artificial intelligence—that is not based on, or intended to depict, an identifiable natural person."

The disclosure must be "clear and conspicuous" — appearing near the performer, understandable to a typical consumer, and presented so that "a reasonable consumer would notice, read, and comprehend" it. Acceptable wording includes "this performance features a synthetic performer" or "no human performer is depicted". Expressive works are exempt, including motion pictures, television programmes, streaming content, documentaries and video games, provided the synthetic performer's use aligns with its role in the creative work.

Violations are treated as breaches of California's false advertising and unfair competition statutes, enforceable by the Attorney General and by private litigants, with no requirement to show actual knowledge.

Why it matters for digital humans: California joins New York in making avatar disclosure an advertising-law question rather than an AI-policy question, which changes who enforces it and how fast — unfair competition statutes come with private rights of action and class actions, not a regulator's queue. The definitional carve-out is the detail practitioners should read twice: because the law covers only performers not based on an identifiable person, a licensed likeness clone of a real spokesperson may fall outside SB 1050 while a wholly invented presenter falls inside it, which is close to the opposite of what most people assume the risk ordering is. Digital replica of a real person, synthetic invented performer, and a brand's own employee avatar now each sit under a different legal regime, and the obligation attaches to the advertiser, not the avatar vendor.