SB 1146: Advertisement claims: health-related consumer products and services: digital replicas and synthetic performers.

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 and, in the case of a licensed person, provides that a violation constitutes unprofessional conduct and grounds for suspension or revocation of a license by the relevant board.

This bill would, subject to specified exceptions, require a person who creates or causes to be created an advertisement that uses includes the image, audio, or video of a person representing themselves to be, or identifiably depicting a person as, digital replica or synthetic performer depicted as a health care provider 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 and that the person identifiably depicted is not a health care provider. no human health care provider is depicted. The bill would also define terms for its purposes and would provide for factors that may be considered in determining whether a natural person is identifiably depicted in an electronic representation. purposes.

This bill would authorize the Attorney General, a district attorney, or a natural person identifiably depicted as a health care provider whose digital replica is used in an advertisement to bring a civil action to enforce these provisions, and would provide that a violation of the bill does not constitute a misdemeanor.