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California Code, Health and Safety Code - HSC § 28002

Current as of January 01, 2025 | Updated by Findlaw Staff

<For operative date of Chapter 25, see this section.>

(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 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 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 17 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 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 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 17 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.

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Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 28002 - last updated January 01, 2025 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-28002/

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