Social Media Warning Law
Cal. HSC § 28002
California Statutes
(a) (1) (
A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (
b) to the user when the user initially accesses the covered platform. (
B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least seconds, unless the user affirmatively dismisses the warning by clicking on a conspicuous “X” icon. That black box warning shall be displayed in a manner that occupies at least percent of the screen or window that the user is using to access the covered platform. (
C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over years of age. (2) (
A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (
b) after three hours of cumulative active use and thereafter at least once per hour of cumulative active use. (
B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least seconds, without providing the ability to bypass or click through the warning, in a manner that occupies at least percent of the screen or window that the user is using to access the covered platform. (
C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over years of age. (
b) The black box warning consists of the following text displayed clearly, conspicuously, and legibly in black text on a white background: “The Surgeon General has warned that while social media may have benefits for some young users, social media is associated with significant mental health harms and has not been proven safe for young users.” (
c) The provision of the notice required by this
section or a user affirmatively dismissing the notice do not waive, release, otherwise limit, or serve as a defense to, any claim, including claims premised on failure to warn, other than a claim premised on a violation of this section. (
d) Nothing in this
chapter shall be interpreted to serve as the basis for a private right of action under this
chapter or any other law. (
e) The provisions of this
chapter are severable. If any provision of this
chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (
f) This
chapter shall become operative on January 1, 2027.