Pennsylvania wants AI-made ads labeled, so decide how you'll label yours
Pennsylvania's new law requires labels on ads that AI significantly modified or generated, and it reaches everything from TV commercials to restaurant flyers.
What happened
Pennsylvania Governor Josh Shapiro has signed the Artificial Intelligence Deceptive Advertising Act into law, The Verge reports. It requires a label on any ad that "has been significantly modified or generated by artificial intelligence." That covers still images, video, audio and text.
The outlet notes the label must be in the same format as the ad itself. So a video ad needs a label in the video, and a text ad needs it in the text.
It also points out that the law reaches well beyond big brands. It applies to multi-billion-dollar TV commercials and also to a restaurant's crowded flyer about wing specials.
Why it matters
According to The Verge, the labels are required no matter where an ad was created. If your ad runs in Pennsylvania, it counts, even if an agency or freelancer made it somewhere else.
The outlet describes Pennsylvania as one of the first states to require this kind of disclosure. Other states may follow, though that is a guess, not something the article says.
It also says the law leaves loopholes, noting that what counts as "significantly modified" is subjective. There are carve-outs for parody, satire, commentary or criticism, and for anything "evidently fictional," which the outlet says is also unclear.
The disclosure appears to apply only when synthetic content creates a "false consumer perception" about a product or service, the report writes. It says it's unclear what counts as "false" and who decides. The office of the state senator who introduced the bill didn't immediately return the outlet's request for comment.
What it means for your business
You can't count on a clear line, so a consistent habit is safer than guessing ad by ad.
- Restaurants: If you use AI to make a menu photo, a special's flyer or a social post, treat it as something that may need a label.
- Retail and online shops: AI-generated product images or ad copy are worth tracking, especially if they could change what a shopper expects to receive.
- Agencies and real estate: If you produce ads for clients, or AI-enhanced listing photos and descriptions, agree on a labeling rule in writing. Where the ad runs matters more than where you work.
- Local services: Plumbers, salons and landscapers who use AI for flyers or ad copy may be in the same position as the restaurant flyer example above. Whether a label is needed likely depends on how much the AI changed and whether it could mislead, so it's worth checking.
One thing to try this week
Start a simple "AI ad log" in a shared spreadsheet. For each ad or post, write down the date, where it ran, which AI tool you used, and what the AI did (wrote the text, created the image, or just fixed the lighting).
Then pick one plain label, such as "Made with AI," and decide where it goes on each type of ad. If an ad runs in Pennsylvania and you're unsure, label it. For a firm answer on your situation, ask a lawyer, since this post is not legal advice.