SB 1146: Advertisement claims: health-related consumer products and services: digital replicas and synthetic performers.
<p>The bill introduces requirements for advertisements featuring digital replicas or synthetic performers depicting health care providers. It mandates clear disclosures if such images, audio, or video are generated or altered using artificial intelligence when promoting health-related consumer products or services. The bill also defines relevant terms and allows the attorney general, district attorneys, or individuals whose likenesses are used to file civil actions for enforcement.</p>
| Aug. 13, 2026 | August 13 hearing: Held in committee and under submission. |
| Aug. 05, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jun. 23, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (June 23). Re-referred to Com. on APPR. |
| Jun. 17, 2026 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 16). Re-referred to Com. on JUD. |
| Jun. 11, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P. |
| Amended IN Assembly June 11, 2026 |
| Amended IN Senate April 16, 2026 |
| Amended IN Senate March 25, 2026 |
| Introduced by Senator Gonzalez |
February 18, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes a person who produces, distributes, or makes available the digital replica, as defined, of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without specified prior consent liable to any injured party in an amount equal to the greater of $10,000 or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness, except as prescribed.
The people of the State of California do enact as follows:
SECTION 1.
Section 651.4 is added to the Business and Professions Code, to read:651.4.
(a) For purposes of this section, the following definitions apply:(2)“Creates” includes causing a video or audio media to be created through prompts to a generative artificial intelligence system.
(3)“Digital replica” has the same meaning as in Section 3344.1 of the Civil Code.
(4)(A)“Generated or substantially altered using artificial intelligence or other computer technology” means when visual or audio media of a natural person is either of the following:
(i)Entirely generated using artificial intelligence or other computer technology and would appear to a reasonable person to be authentic.
(ii)Materially altered by artificial intelligence or other computer technology and that alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
(B)A visual or audio media of a natural person is not “generated or substantially altered using artificial intelligence or other computer technology” if the media is immaterially altered by artificial intelligence or other computer technology, including a cosmetic adjustment, color edit, cropped image, or resized image.
(7)“Natural person” means a natural human individual, and does not include a firm, partnership, association, corporation, limited liability company, or cooperative association.
(8)
(1)For visual media, the text of the disclosure shall appear in a prominent location and in a size that is easily readable by the average viewer. For visual media that is video, that disclosure shall be displayed for the duration of the video.
(2)For audio-only media, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two minutes in length, interspersed within the audio at intervals of not greater than two minutes each.
(d)(1)The Attorney General or any district attorney may bring a civil action to enforce subdivision (b) and may seek any appropriate remedy, including, but not limited to, injunctive relief.
(5)This section does not alter or negate any rights, obligations, or immunities of an interactive computer service provider under Section 230 of Title 47 of the United States Code.
(e)This section does not apply to an advertisement that uses a digital replica 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 if all of the following conditions are met:
(1)The natural person whose digital replica is used in the advertisement is a health care provider.
(2)The digital replica in the advertisement is depicted as being licensed in the same profession as the natural person.
(3)The natural person has provided prior consent to the use of their digital replica in the advertisement.
(4)The natural person agrees with all of the statements made in the advertisement by the digital replica generated or substantially altered by artificial intelligence.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.