AI models in paid ads
Can you use AI-generated models in paid ads?
Yes, but not quietly. Since June 9, 2026, New York has required a conspicuous disclosure in advertisements that feature a “synthetic performer,” a digitally created person who is not a real, identifiable individual. That is exactly what an AI fashion model is. Statixx is built around the rule: human-free formats for paid ads, on-model imagery for your own channels.
What does New York’s synthetic-performer law require?
The law (Senate Bill S.8420-A / Assembly Bill A.8887-B, signed December 11, 2025, amending General Business Law §396-b) requires a conspicuous disclosure when an advertisement includes a synthetic performer and the people behind the ad have actual knowledge that it does.
- Synthetic performer means a digitally created asset, made with generative AI or other software, that is intended to give the impression of a human performer who is not recognizable as any identifiable natural person.
- Who is responsible: the duty sits with whoever produces or creates the ad. Legal summaries note that outlets and platforms that only distribute ads are generally not covered.
- Penalties: civil penalties of $1,000 for a first violation and $5,000 for each one after that, enforced by the New York Attorney General. There is no private right of action.
- Exemptions include audio-only ads, language translation of a real performer, and expressive works like films and games where the synthetic performer is used consistently with the work itself.
The statute does not define “conspicuous.”
What does that mean for apparel brands?
An AI-generated model wearing your product in a paid social or display ad is a synthetic performer in an advertisement. Because digital campaigns rarely exclude New York, most brands running AI models in ads should expect to disclose it, and to think about how a disclosure label sits next to their creative.
How does Statixx handle it?
By splitting the work. For paid placements, Statixx produces imagery with no people in it: flat lays, ghost mannequin images, and product-scene statics. On-model imagery, where AI-generated models do appear, is built for owned surfaces such as product pages, email, and lookbooks. Statixx does not put AI-generated people into your ad creative.
Where exactly the line falls for your brand, for example an organic social post that promotes a product, is a question for your counsel. The split is how we keep the default safe.
Sources
- NY State Senate Bill S.8420-A
- Cooley: New York enacts synthetic performer disclosure law for advertisements
- Reed Smith: What advertisers need to know before June 9
This page explains how Statixx is designed and summarizes public reporting on the law as of September 2026. It is not legal advice. Talk to your own counsel about your advertising.
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