SB 806

PRIOR PRINTER'S NOS. 871, 1690  PRINTER'S NO.   1808
              THE GENERAL ASSEMBLY OF PENNSYLVANIA
                  SENATE BILL
                  No. 806
                                          Session of
                                            2025
INTRODUCED BY PISCIOTTANO, PENNYCUICK, MILLER, KANE,
   TARTAGLIONE, FONTANA, HAYWOOD, HUGHES, VOGEL, COSTA, SAVAL,
   SANTARSIERO, GEBHARD, MALONE, BROOKS, BOSCOLA AND FARRY,
   JUNE 3, 2025
AS AMENDED ON THIRD CONSIDERATION, JUNE 10, 2026
                              AN ACT
1 Providing for unfair methods of competition and for enforcement
2    and penalties.
3    The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1.   Short title.
6    This act shall be known and may be cited as the Artificial
7 Intelligence Deceptive Advertising Act.
8 Section 2.   Scope of act.
9    This act relates to deceptive advertising.
10 Section 3.   Definitions.
11    The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14    "Artificial intelligence" or "AI."
15(1)   A machine-based system that can, for a given set of
16    human-defined objectives, make predictions, recommendations
17    or decisions influencing real or virtual environments,
1    including the ability to:
2(i)    perceive real and virtual environments;
3(ii)    abstract perceptions made under subparagraph
4(i) into models through analysis in an automated manner;
5and
6(iii)    use model inference to formulate options for
7information or action based on outcomes under
8subparagraphs (i) and (ii).
9(2)    The term includes generative artificial
10    intelligence.
11    "Clear and conspicuous."      A statement or disclosure that
12 meets all of the following criteria:
13(1)    The statement or disclosure is disclosed in a size,
14    color, contrast, location, duration and audibility that is
15    readily noticeable, readable, understandable and capable of
16    being heard. All statements and disclosures shall be
17    presented in the language or other interaction used by the
18    consumer to interact with or comprehend the synthetic
19    content.
20(2)    The statement or disclosure does not contradict and
21    is not inconsistent with any other information with which the
22    statement or disclosure is presented.
23(3)    If the statement or disclosure modifies, explains or
24    clarifies other information with which the statement or
25    disclosure is presented:
26(i)    the statement or disclosure is presented in
27proximity to the information that the statement or
28disclosure modifies in a manner that is likely to be
29noticed, readable and understandable; and
30(ii)    the statement or disclosure is not to be
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1obscured in any manner.
2(4)   If the statement or disclosure is an audio statement
3    or disclosure, the statement or disclosure is delivered in a
4    volume and cadence sufficient for a consumer to hear and
5    comprehend the statement or disclosure.
6(5)   If the statement or disclosure is a visual statement
7    or disclosure, the statement or disclosure is of a size and
8    shade and appears on the screen for a duration sufficient for
9    a consumer to read and comprehend the statement or
10    disclosure.
11(6)   If the statement or disclosure is a print
12    advertisement or promotional material, including a point-of-
13    sale display or brochure materials directed to a consumer,
14    the statement or disclosure is in a type size and location
15    sufficiently noticeable for a consumer to read and comprehend
16    the statement or disclosure in a print that contrasts with
17    the background against which the statement or disclosure
18    appears.
19    "Generative artificial intelligence."     The class of models
20 that emulate the structure and characteristics of input data in
21 order to generate synthetic content.
22    "Synthetic content."     Information, including an image, video,
23 audio clip or text, that has been significantly modified or
24 generated by artificial intelligence.
25 Section 4.     Clear and conspicuous disclosure.
26    (a)   Disclosure.--An advertiser may not knowingly, recklessly <--
27 or willfully create and disseminate or cause to be created and
28 disseminated an advertisement that uses synthetic content in a
29 manner that creates a false consumer perception about the
30 nature, origin or authenticity of the goods or services being
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1 advertised, without clear and conspicuous disclosure. A
2 disclosure under this section must state that the advertisement
3 contains content that was modified or generated using artificial
4 intelligence. This disclosure must be:
5(1)   Displayed in the first instance whenever the
6    synthetic content is presented to the consumer.
7(2)   Presented in the same medium as the synthetic
8    content.
9(3)   To the extent technically feasible, permanent or
10    extraordinarily difficult to remove from the synthetic
11    content.
12    (b)     Exceptions.--Subsection (a) shall not include content
13 that is:
14(1)   evidently fictional based on the content or context
15    of the depiction;
16(2)   parody, satire, commentary or criticism; or
17(3)   limited to text.
18    (c)     Construction.--Disclosure of the use of AI under
19 subsection (a) shall not be construed to limit any recourse
20 under law.
21 Section 5.     Enforcement.
22    (a)     Restraining prohibited acts.--Whenever the Attorney
23 General or the appropriate district attorney has reason to
24 believe that any person is using or is about to use any method,
25 act or practice declared by section 4     to be unlawful, and that
26 proceedings would be in the public interest, the Attorney
27 General or a district attorney may bring an action in the name
28 of the Commonwealth against the person to restrain by temporary
29 or permanent injunction the use of the method, act or practice.
30    (b)     Civil penalty.--The Attorney General or the appropriate
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1 district attorney may bring a civil action for violations of
2 this act.
3    (c)   Damages.--A court of competent jurisdiction may award
4 damages for a violation of this act. The court may award:
5(1)   A civil fine that does not exceed $3,000.
6(2)   Actual attorney fees and court costs.
7 Section 6.     Effective date.
8    This act shall take effect in 60 days.
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