AI Frontier Institute

Advertisement claims: health-related consumer products and services: digital replicas and synthetic performers.

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California Senate Bill 1146 (Gonzalez, introduced February 18, 2026) adds Section 651.4 to the Business and Professions Code to regulate AI-generated or AI-altered depictions of health care providers in advertisements for health-related consumer products or services. The bill requires that any advertisement including the image, audio, or video of a digital replica or synthetic performer depicted as a health care provider—where that content is generated or substantially altered using artificial intelligence or other computer technology—must include a clear and conspicuous disclosure stating that the depicted health care provider was generated or substantially altered by AI, or that no human health care provider is depicted. For visual media, the disclosure must appear in a prominent, easily readable location; for video, it must display for the full duration; for audio-only media, it must be read clearly at the beginning, at the end, and at intervals no greater than two minutes for audio exceeding two minutes. The bill defines key terms including 'artificial intelligence,' 'digital replica,' 'synthetic performer,' 'generative artificial intelligence,' 'health care provider,' 'health-related consumer product or service,' and 'clear and conspicuous disclosure.' A violation constitutes a violation of Section 17500 (false advertising) and may be enforced under Chapter 5 (commencing with Section 17200) of Part 2. The Attorney General or any district attorney may bring a civil action, and a natural person whose digital replica is used in a violating advertisement may also bring a civil action seeking remedies including injunctive relief. Violations do not constitute a misdemeanor under the healing arts licensee provisions. An exemption applies when the natural person whose digital replica is used is actually a licensed health care provider, the replica is depicted as licensed in the same profession, the person consented, and the person agrees with all statements made. The bill also preserves Section 230 immunities for interactive computer service providers and specifies that no state reimbursement to local agencies is required under Section 6 of Article XIII B of the California Constitution.

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