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

Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. 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 a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.

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, would require a person who creates or causes to be created an advertisement that includes the image, audio, or video of a 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 health care provider depicted in the advertisement was generated or substantially altered by artificial intelligence and or that no human health care provider is depicted. The bill would also define terms for its purposes.

This bill would provide that a violation of its provisions constitutes a violation of specified unfair competition and false advertising laws. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also authorize the Attorney General, a district attorney, or a natural person whose digital replica is used in an advertisement to bring a civil action to enforce these provisions, and provisions. The bill would provide specify that a violation of the bill does not constitute a misdemeanor. misdemeanor under provisions regulating healing arts licensees.