As of 2026-11-09, an AI influencer raises two separate disclosure duties. The first is the old one: the FTC's Endorsement Guides, revised on June 29, 2023 so that the definition of endorsements clearly covers virtual influencers, still require any paid or owned relationship with the brand to be disclosed, and a synthetic person cannot claim experiences it never had. The second is new and about the person itself: New York's General Business Law 396-b requires an ad's producer to "conspicuously disclose in such advertisement that a synthetic performer is in such advertisement", and TikTok, YouTube and Meta each label realistic AI people. This page covers only the synthetic-person questions. For AI labels on ads in general, by platform, state and the EU, see do you have to disclose AI-generated ads. How brands mix AI and human creators is in AI for influencer marketing. This is general information, not legal advice.
The rules, quoted
FTC: the influencer is an endorser, even if it does not exist
- The Endorsement Guides treat as an endorser whoever the message appears to speak for, including someone who only appears to be a person, and the FTC's 2023 revision says the definition covers virtual influencers.
- Endorsements must reflect the endorser's honest opinions and experience. A generated person has no experience of the product, so first-person use claims are the problem, not the face.
- Connections between endorser and seller must be disclosed where the audience would not expect them. A brand's own AI influencer promoting the brand's product has the closest connection there is.
- The FTC does not ban AI avatars in marketing, but a celebrity's avatar praising a product without permission breaks its 2024 reviews rule when viewers would think the celebrity endorsed it.
- A disclosure has to be easy to notice and understand, and a platform's built-in disclosure tool does not guarantee that. The rule texts are quoted in FTC rules for AI UGC ads.
New York: the synthetic performer itself
General Business Law 396-b, as shown on the New York Senate site (checked 2026-11-09):
- Who: "Any person engaged in the business of dealing in any property or service" who "for any commercial purpose produces or creates an advertisement", "where such person has actual knowledge".
- What: "conspicuously disclose in such advertisement that a synthetic performer is in such advertisement".
- A "synthetic performer" is "a digitally created asset created, reproduced, or modified by computer" "using generative artificial intelligence or a software algorithm", "that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance of a human performer" "who is not recognizable as any identifiable natural performer". That is the definition of a made-up AI influencer.
- Penalty: "a civil penalty of one thousand dollars for a first violation, and five thousand dollars for any subsequent violation."
- Not covered: "Audio advertisements"; uses where AI "solely involves the language translation of a human performer"; ads for expressive works such as films and games, where the synthetic performer's use matches the work.
The page shows revision dates but no effective date for this subdivision.
TikTok
TikTok's ads policy (Misleading and false content, last updated April 2026) allows AI-generated content if you "apply the AIGC label, or by adding a clear disclaimer, caption, watermark, or sticker of your own", and says "If we identify AI-generated content that has not been disclosed, your ad will be rejected or restricted." Its advice when unsure: "it's best to use caution and label it accordingly." A realistic AI person is the clearest case.
YouTube
YouTube's help page on altered or synthetic content asks creators to disclose realistic altered or synthetic content. Examples that need disclosure include "Making it appear as if someone gave advice that they did not actually give". Examples that do not include clearly unrealistic content and "Cloning one's own voice to create voice overs or dubs". On penalties: creators "who consistently choose not to disclose this information may be subject to manual application of a label" and to "penalties from YouTube, including removal of content or suspension from the YouTube Partner Program." A photorealistic AI influencer giving product advice sits on the disclose side.
Meta
Meta labels ads made or significantly edited with its own generative AI tools with "AI info", and when its tools add a photorealistic AI human, "the label will appear next to the Sponsored label (not behind the three-dot menu)". Meta's post, updated June 1, 2026, adds: "We will also begin automatically detecting ads created or edited using third-party AI tools". Meta's page does not say a third-party AI person gets the next-to-Sponsored placement; expect at least the "About this ad" label.
The rules mapped to a post
| Situation | FTC | New York 396-b | TikTok | YouTube | Meta |
|---|---|---|---|---|---|
| Brand-owned AI influencer, organic post about the brand's product | disclose the connection | applies to advertisements | label AIGC | disclose if realistic | label likely |
| Same influencer in a paid ad | disclose the connection; no fake experience claims | disclose the synthetic performer | AIGC label in Ads Manager | disclose if realistic | "AI info" label |
| AI influencer reads a real customer's review | disclose the person is not the customer (255.2(c)) | disclose | label | disclose | label |
| Stylised, clearly non-human mascot | connection still disclosed | may fall outside "human performer" | label if AI-generated | unrealistic content needs no label | depends on tool |
| Real person translated into other languages by AI | normal rules | exempt: "solely involves the language translation of a human performer" | label if significantly edited | own voice dubs need no label | depends on tool |
| Voice-only ad with an AI voice | normal rules | exempt: "Audio advertisements" | label | n/a | n/a |
Where to put the disclosure
- In the video, on screen, when the synthetic person first appears. The FTC's Q&A: a visual claim needs at least a visual disclosure.
- In the profile, if the account is an AI person: "AI-generated character, created by [brand]". This covers the connection and the synthetic nature at once, but it does not replace the label on each ad.
- In the platform's own label, switched on for every post and ad. A platform label alone may not meet the FTC's standard; use it with the on-screen line, not instead of it.
On 8frame, there is no disclosure node. Add the line as a text or caption layer in the Video Editor, on every version you export.
Building the character so the rules are easy
The board for the character itself is in how to create an AI influencer from scratch. Three choices there make disclosure simpler:
- A fictional face, not one that resembles a real person or a known creator. Lookalikes pull in celebrity and likeness questions.
- Presenter scripts, not testimonials. "This jacket has a two-way zip" is a fact; "I've worn this every day for a year" is an experience a synthetic person cannot have.
- A real voice only with consent. If a human records the voice, their written consent covers every market and format.
FAQ
Do I have to disclose that an influencer is AI-generated? In New York ads, yes, when the producer knows it is a synthetic performer (GBL 396-b). On TikTok, AI-generated content needs the AIGC label or your own clear disclaimer. YouTube asks for disclosure of realistic synthetic content. The FTC rules are about the brand connection and honest claims.
Does the FTC ban virtual influencers? No. The FTC's Q&A says there is no blanket prohibition on AI-generated avatars in marketing. The Guides apply to virtual influencers like any endorser: disclose the connection, and do not claim experiences that did not happen.
What is the penalty in New York? 1,000 dollars for a first violation and 5,000 dollars for each later one, according to the statute text.
Is a label in the bio enough? Not on its own. Put a disclosure in each video and use the platform's label for each ad.
Does a cartoon mascot count? New York's definition covers a performer who appears human but is not identifiable. A clearly non-human mascot may fall outside it, and YouTube does not ask for labels on clearly unrealistic content. Brand connections still need disclosing.
Sources
- 8frame prices, defaults and limits: the 8frame app, checked 2026-11-09.
- FTC press release, updated Endorsement Guides (2023-06-29): https://www.ftc.gov/news-events/news/press-releases/2023/06/federal-trade-commission-announces-updated-advertising-guides-combat-deceptive-reviews-endorsements, checked 2026-11-09.
- 16 CFR 255.0, 255.1, 255.2, 255.5 (Cornell LII): https://www.law.cornell.edu/cfr/text/16/255.0, https://www.law.cornell.edu/cfr/text/16/255.1, https://www.law.cornell.edu/cfr/text/16/255.2, https://www.law.cornell.edu/cfr/text/16/255.5, checked 2026-11-09.
- FTC, Consumer Reviews and Testimonials Rule: Questions and Answers: https://www.ftc.gov/business-guidance/resources/consumer-reviews-testimonials-rule-questions-answers, checked 2026-11-09.
- FTC, Endorsement Guides: What People Are Asking: https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking, checked 2026-11-09.
- New York General Business Law 396-b: https://www.nysenate.gov/legislation/laws/GBS/396-B, checked 2026-11-09.
- TikTok Ads Policy, Misleading and false content (last updated April 2026): https://ads.tiktok.com/help/article/tiktok-ads-policy-misleading-and-false-content, checked 2026-11-09.
- YouTube Help, "Disclosing use of altered or synthetic content": https://support.google.com/youtube/answer/14328491, checked 2026-11-09.
- Meta, "Expanding GenAI Transparency for Meta's Ads Products" (updated 2026-06-01): https://about.fb.com/news/2025/02/gen-ai-transparency-metas-ads-products/, checked 2026-11-09.
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