The era of quietly swapping out human models for AI-generated ones is coming to an end. New York State has drawn a line in the sand — and the rest of the world is watching.

In December 2025, New York Governor Kathy Hochul signed the Synthetic Performer law (S.8420-A / A.8887-B), making New York the first US state to legally require brands to disclose when they use AI-generated models in advertising campaigns. It's a landmark moment — and if you work in fashion, beauty, or retail marketing, it directly concerns you.

What Does the Law Actually Say?

At its core, the law is a disclosure obligation. It requires advertisements to conspicuously disclose the use of synthetic performers — meaning AI- or computer-generated figures that appear to be real people — so that consumers know when they are not looking at a real human being.

The law carries civil penalties of $1,000 for a first violation and $5,000 for each subsequent violation, and it has received public support from SAG-AFTRA as part of its broader advocacy for transparency around AI in media and performance.

The law applies broadly — to anyone involved in producing or creating advertisements distributed in New York, including brands, agencies, and production partners. In other words, it doesn't matter where your brand or agency is based. If your campaign reaches a New York audience, you're on the hook.

The legislation takes effect on June 9, 2026, giving brands and agencies a runway to update their workflows and disclosure practices before enforcement begins.

What Counts as a "Synthetic Performer"?

The law defines a synthetic performer as a digital asset created, reproduced, or modified by a computer using generative AI or a software algorithm, intended to give the impression that it is a real human performer, and one that is not recognisable as any identifiable natural person.

So if your campaign uses a photorealistic AI-generated model — whether to showcase clothing, cosmetics, or lifestyle products — that qualifies. The disclosure must be conspicuous, meaning buried in fine print won't cut it.

What's Exempt?

Not everything falls under the law. There are several notable exceptions:

• Audio-only advertisements are not covered.

• AI used solely to translate a human performer's language is exempt.

• Promotional materials for expressive works (films, TV shows, video games) are exempt, provided the synthetic performer appears consistently in the underlying content.

This Didn't Come Out of Nowhere

The Synthetic Performer law is actually the second major piece of AI-in-fashion legislation New York has passed in quick succession. It follows the New York Fashion Workers Act, which came into effect in June 2025 and requires brands to obtain clear written approval from a model before creating or using a model's digital replica — meaning a significant, AI-enhanced representation of a model's likeness, face, body, or voice.

Together, these two laws are reshaping the legal landscape for anyone who works with models or model-like AI imagery in marketing.

Will the Penalties Actually Change Behavior?

It's a fair question. For large brands producing global campaigns, the fines may barely register compared to the real cost of traditional fashion production. A full shoot can easily run into the tens of thousands of dollars — meaning a $1,000 or even $5,000 penalty might not act as a serious deterrent.

Critics also point out that some brands may find it cheaper to pay the fine than assemble a full creative team, particularly at scale. That raises an uncomfortable question: will disclosure laws actually slow the rise of AI models, or will they simply normalise them? These are real tensions the industry will have to work through.

A Bigger Shift Is Coming — Including in Europe

New York may have moved first, but it won't be alone for long. The New York synthetic performer disclosure law aligns with similar disclosure requirements that the EU AI Act will soon impose, with the Act expected in August 2026.

For brands operating in Europe — or platforms like Kast connecting models with brands across Belgium and beyond — this is the direction of travel. Transparency around AI-generated imagery isn't just a legal checkbox; it's becoming a baseline expectation from consumers, regulators, and the creative community alike.

What This Means If You're a Brand or Photographer

If you're producing campaigns that reach US audiences — or preparing for EU compliance — now is the time to audit your creative process:

• Do you know which of your campaign assets use AI-generated models? If you're working with AI tools or third-party creative agencies, make sure you have full visibility.

• How will you disclose it? The law doesn't specify the exact format, so brands must apply existing standards for what "conspicuous" means across digital, print, outdoor, and TV.

• Are your agency agreements up to date? The law is likely to force brands to scrutinise agency practices, influencer content, and AI vendor tools used in creative production.

What This Means If You're a Model

This legislation is, at its heart, a win for the modelling industry. It doesn't ban AI models — but it does require brands to be honest about when they use them. And the companion Fashion Workers Act means that brands cannot create or use a digital replica of your face, body, or voice without your clear written consent detailing the scope, purpose, rate of pay, and duration of use.

The message is clear: AI can be used in fashion advertising, but it must be used transparently — and it cannot be used to quietly replace or replicate human models without their knowledge or compensation.

At Kast, we believe in real connections between real people — models, photographers, and brands — built on trust and transparency. This legislation reflects values we already hold: that the humans behind a campaign deserve credit, consent, and fair treatment. As AI continues to evolve, we'll keep you informed on how these changes affect the casting and creative industry in Belgium and across Europe.

Stay tuned — and if you have questions about how AI regulations might affect your next campaign or casting brief, reach out to us at kastapp.eu.