If you thought social media needed a warning label, many state regulators agree. California recently passed a new warning label law, which will take effect on January 1, 2027. That is, unless it is challenged. Meanwhile, Colorado is fighting to keep alive a similar law following a NetChoice challenge. Other states (like Arkansas, California, Florida, Utah, Maryland, Mississippi, Ohio, and Texas) have not been successful, seeing similar laws stopped on First Amendment grounds.

The California law (AB 56, i.e., the Social Media Warning Law) was passed and signed by Governor Newsom last month. When the law takes effect, certain social media platforms must display a large pop-up to users under 18 when the users open the platform for the first time that day. The platforms must then display another warning after three hours, and then every hour thereafter. There is required language for the warning, which mirrors tobacco and alcohol warnings. The law does not contain a private right of action.

Colorado tried something similar in June 2024, but with more frequent pop-ups. Namely, every 30 minutes, as well as pop-ups if the platform is used between 10 pm and 6 am. The law is currently stayed, following a recent challenge from NetChoice. 

Putting it into Practice: These laws highlight state-level activity around children’s online privacy – especially in the perceived absence of federal action. We expect to see this continue in the new year. Companies should keep this in mind, even if they do not run social media platforms. Having a principles-based approach to privacy compliance can help organizations navigate constantly-evolving state regulatory activity.