HR 10146
AI Advertising Disclosure Act
TL;DR
Rep. Seth Magaziner (D-RI) introduced the AI Advertising Disclosure Act, which would require advertisers to clearly label ads that use AI-generated content (images, video, audio, or text). Currently sitting in the House Energy and Commerce Committee, the bill targets deceptive or undisclosed synthetic media in commercial advertising across TV, digital, and social platforms.
How This Might Impact Your Business
Advertisers using generative AI tools (like Midjourney, Sora, or ChatGPT) to create commercial ads would need to include clear disclosures identifying the content as AI-generated.
Digital marketing agencies, ad tech platforms, and social media companies running paid ads would likely bear compliance and enforcement responsibility.
Consumer brands in retail, CPG, automotive, and financial services that increasingly use AI-generated creative in campaigns would need to update creative workflows and approval processes.
Broadcasters and streaming platforms accepting ad inventory may need new intake procedures to verify AI disclosure compliance.
Enforcement would likely fall to the FTC, meaning violations could trigger deceptive advertising penalties (historically up to $50,120 per violation under FTC Act precedent).
Political and issue advertising using AI-generated deepfakes of real people would face the highest scrutiny given current election-related concerns.
Small businesses using AI tools like Canva's AI features or Meta's Advantage+ creative should track whether de minimis exemptions get added during markup.
What Should You Do
Inventory every marketing campaign and creative asset currently using generative AI, and flag which vendors (agencies, freelancers, platforms) are producing AI content on your behalf.
Ask your CMO and general counsel to draft an internal AI-in-advertising disclosure policy now, even before the law passes, to align with likely FTC guidance.
Add AI disclosure language to contracts with creative agencies and require them to flag AI-generated deliverables.
Monitor the House Energy and Commerce Committee schedule for hearings or markup on HR 10146, and watch for a companion Senate bill.
Benchmark against existing state laws (California AB 2655, Texas, and others) that already regulate AI in political and commercial ads to build a unified compliance approach.
Who It Affects
Sponsors
Status Timeline
committee
Referred to the House Committee on Energy and Commerce.
August 24, 2026