AB 56: Social media health risk warning for minors

Effective Jan. 1, 2027, AB 56 requires social media platforms to display health warnings to users under 18 years old about the risks of social media use and aims to increase awareness of mental health risks associated with excessive social media engagement by minors.

AB 56 applies to a "covered platform," defined as an "addictive internet-based service or application," meaning a website, online service, online application or mobile application, including but not limited to a social media platform that provides users with an "addictive feed" as a significant part of the service. The law defines an "addictive feed" as a website, online service, online application or mobile application (or a portion thereof) in which the service recommends, selects or prioritizes multiple pieces of user-generated or user-shared media for display to a user, either concurrently or sequentially, based in whole or in part on information the user provides or information otherwise associated with the user or the user's device.

The bill excludes online services that primarily sell goods or services and services that provide cloud storage, email, private direct messaging or internal communication or organization collaboration tools that the public cannot access.

AB 56 establishes key warning requirements. A covered platform must provide a warning to users under 18 years of age for at least 10 seconds and cover 25% of the screen, unless the user dismisses the warning by clicking a conspicuous "X" icon. After three hours of cumulative use and every additional hour thereafter, the platform must show the warning for at least 30 seconds and cover 75% of the screen, and the user cannot dismiss it. The warning must state: "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." Platforms do not need to provide warnings for users they reasonably determine are over 17 years of age.

AB 56 sets enforcement and liability limitations. The law does not allow individuals to sue platforms for violations of the warning requirement. Dismissing or providing the notice does not protect platforms from other legal claims, except for claims based solely on alleged violations of AB 56.

Jenna N. Rode is counsel, and Cecilia Kim is a law clerk at Hunton Andrews Kurth LLP.