New York’s AI Advertising Law Is Now Active. If You Run Ads on Amazon, Read This Today.

As of June 9, 2026, a new law is in effect in New York that applies to every brand running Amazon advertising — regardless of where your company is based.

New York Governor Kathy Hochul signed S.8420-A/A.8887-B into law on December 11, 2025, establishing disclosure requirements for advertisements that include AI-generated synthetic performers. The law took effect June 9, 2026, and applies to any use of synthetic performers in advertisements distributed to New York audiences, regardless of whether the advertiser is located outside the state.

Amazon listings and ads reach New York shoppers. That makes them in scope. There is no carveout for Amazon as a platform, and there is no exemption based on where your brand is registered or operated.

What the Law Actually Requires

The law defines a synthetic performer as a digitally created asset using generative AI or software algorithms intended to create the impression of a human performer who is not recognizable as an identifiable natural person.

In plain terms: if your ad shows an AI-generated person — a lifestyle model, a spokesperson, a fake UGC creator, an influencer-style figure — and that person was generated by AI rather than photographed, you are required to disclose it.

The law does not specify exact language, placement, or font size for the disclosure. Something like “This ad contains AI-generated performers” or “Imagery includes AI-generated models” satisfies the requirement. The disclosure needs to be conspicuous — visible to the average viewer at the point of viewing — but the format is left to the advertiser.

What the law does not cover is equally important to understand. AI-generated backgrounds, AI product photography, AI-written copy, and AI-enhanced images where no human figure is present do not trigger the requirement. The law is specifically about AI-generated human figures performing in an advertisement.

Which Amazon Ad Formats Are in Scope

The law applies to commercial advertising distributed to New York audiences. On Amazon, that includes:

Sponsored Brands video ads featuring AI-generated lifestyle models or brand spokespeople. DSP display and video creatives using AI-generated human figures. Amazon Streaming TV and OTT ads. Any listing imagery or A+ Content that could be classified as advertising and features an AI-generated person — this is a grayer area worth discussing with legal counsel.

Amazon does not create a carveout from the law. If an Amazon ad uses a synthetic performer and is distributed in New York, SB 8420A may still apply. Amazon approving an ad for its platform does not make that ad automatically compliant with the law.

Liability Sits With the Brand

This is where many brands are exposed without realizing it.

The broad reach of this law applies to any commercial advertising produced or created for distribution in New York, covering brands, agencies, franchises, and local production partners. If a creative vendor, freelancer, or agency produced imagery using an AI-generated model and did not flag it — and you published that creative — the liability still sits with your brand.

The law requires disclosure where the advertiser has actual knowledge of the use of a synthetic performer. That knowledge standard matters: if you did not know your creative contained an AI-generated figure, the enforcement exposure is different than if you knowingly published without a disclosure. But that is not a reason to assume you are fine — it is a reason to ask your agency and creative vendors directly, today, whether any of your active creatives contain AI-generated human figures.

Most agencies and creative vendors are not yet tracking this consistently. That makes the question worth asking explicitly rather than assuming someone else is watching it.

The Penalty Structure

A first violation results in a civil penalty of $1,000, while any subsequent violation carries a penalty of $5,000. The statute does not contain an express provision creating a private right of action, framing noncompliance as a regulatory offense subject to fines.

For a brand running multiple creatives with AI-generated figures across Sponsored Brands, DSP, and streaming placements, each placement is potentially a separate violation. The math escalates quickly.

Even if you are not the producer of the ad, if you publish or distribute ads containing an undisclosed synthetic performer and receive notice, you have five days to take it down or bring it into compliance. Failure to act after that notice can trigger enforcement action.

The Federal Dimension

On the same day Governor Hochul signed the law, the White House issued a sweeping Executive Order seeking to halt all state-level AI regulation in favor of a yet-to-be-determined federal standard. The Executive Order itself is likely to be challenged in court. In the face of this uncertainty, advertisers should continue to prepare for compliance with the New York disclosure law and monitor developments.

The federal preemption question is real but unresolved. June 9 arrived without any federal stay of the New York law. Until a federal standard exists or a court rules otherwise, the New York requirement is active and enforceable. Waiting for federal clarity before acting is a compliance risk.

What to Do Right Now

The practical steps are straightforward, even if the catalog review takes time.

Pull your active Amazon creatives — Sponsored Brands video, DSP display and video, streaming ads — and identify anything featuring a human figure. For each one, determine whether that figure is a real person or AI-generated. If you are not certain, ask the creative vendor or agency that produced it.

For any creative confirmed to contain an AI-generated human figure, add a disclosure before running it further. The text does not need to be large or prominently designed — it needs to be visible. “This ad contains AI-generated performers,” added as a text layer to the existing creative, is sufficient. In most cases, this is a minor edit in Canva or your design tool of choice.

Add one question to your creative approval workflow going forward: “Does this ad contain a synthetic performer?” That single checkpoint prevents the compliance gap from growing as new creatives are produced.

Update your brief template for any future creative production. If you commission AI-generated lifestyle imagery, the disclosure requirement should be built into the asset before it reaches your ad account — not identified and patched afterward.

The Bigger Picture

New York is the first state to pass this specific requirement, but the direction is clear. The new laws will make the public more aware of when AI is being used to generate images, and similar legislation is being tracked in other states. A federal standard may eventually replace or supplement state laws — but that timeline is uncertain, and the brands building compliance infrastructure now will not need to scramble when it arrives.

AI-generated models and lifestyle imagery are useful, cost-effective creative tools. That is not changing. What is changing is the disclosure obligation that comes with them. The fix is a line of text on a creative asset — not a material operational burden.

The brands that will have a problem are the ones that assume someone else is watching this. Check your creatives. Ask your agency. Add the disclosure where it is needed.

The law is active now.

Important note: This post shares publicly available information about the law and practical implementation considerations. It does not constitute legal advice. Consult your legal counsel to determine what compliance looks like for your specific situation.

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Author: Oleksandr Kovalov
Role: Founder & CEO @ ANavigator

— The ANavigator Team