WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter shall be known as the Social Media Warning Law.
This section establishes the short title of the chapter as the Social Media Warning Law. It creates no compliance obligations.
(a)–(b) For purposes of this chapter, "covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. (b) "Covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.
Section 28001 defines covered platform by cross-referencing the existing definition of "addictive internet-based service or application" in Section 27000.5(b)(1) of the Health and Safety Code (from the Protecting Our Kids from Social Media Addiction Act). The section then carves out six categories of services whose primary function is e-commerce, cloud storage, email, direct messaging, internal organizational communication, or internal collaboration tools.
(a)(1)(A)–(C) 1 For each calendar day in which a user uses a covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001, the covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001 shall display, pursuant to subparagraph (B), the black box warning described in subdivision (b) to the user when the user initially accesses the covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001. (B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least 10 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 25 percent of the screen or window that the user is using to access the covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001. (C) A covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001 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 17 years of age.
(a)(2)(A)–(C) 2 For each calendar day in which a user uses a covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001, the covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001 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 30 seconds, without providing the ability to bypass or click through the warning, in a manner that occupies at least 75 percent of the screen or window that the user is using to access the covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001. (C) A covered platformCovered platform"Covered platform" has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. "Covered platform" does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.Health & Safety Code § 28001 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 17 years of age.
(b) 1 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.
Section 28002 is the operative provision of the bill, imposing two distinct warning-display obligations on covered platforms. Subsection (a)(1) requires a daily initial-access warning occupying at least 25% of the screen for at least 10 seconds, dismissible by the user via an "X" icon. Subsection (a)(2) requires a more prominent warning — at least 75% of the screen for at least 30 seconds, with no bypass mechanism — after 3 hours of cumulative active use on a given calendar day, repeating at least once per hour thereafter. Both obligations may be exempted for users the platform has reasonably determined to be over 17 years of age.
Subsection (b) prescribes the exact warning text. Subsections (c) through (f) contain a liability preservation clause, a no-private-right-of-action clause, a severability clause, and a delayed operative date of January 1, 2027, respectively. These provisions create no new affirmative compliance obligations.