Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim.

Existing law makes it unlawful for healing arts licensees, as specified, to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image in order to induce the provision of services or products in connection with their licensed professional practice or business. Existing law makes a violation of these provisions punishable as a misdemeanor.

This bill would require an advertisement that uses the image, audio, or video of a natural person that is generated or substantially altered using artificial intelligence or other computer technology to promote the sale of a health-related consumer product or service to include a clear and conspicuous disclosure that the image, audio, or video, as applicable, of the person in the advertisement was generated or substantially altered by artificial intelligence. The bill would also define terms for its purposes.

This bill would require actions for relief brought pursuant to this bill to be prosecuted exclusively by the Attorney General or a district attorney in the name of the people of the State of California, and would provide that a violation of the bill does not constitute a misdemeanor.