S T A T E O F N E W Y O R K
________________________________________________________________________
8827
I N S E N A T E
January 8, 2026
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend a chapter of the laws of 2025 amending the general busi-
ness law and the mental hygiene law relating to requiring warning
labels on addictive social media platforms, as proposed in legislative
bills numbers S. 4505 and A. 5346, in relation to the legislative
intent and the effectiveness thereof; to amend the general business
law, in relation to warning labels on addictive feature platforms; and
to repeal section 7.48 of the mental hygiene law relating to addictive
social media platform warning labels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of a chapter of the laws of 2025 amending the
general business law and the mental hygiene law relating to requiring
warning labels on addictive social media platforms, as proposed in
legislative bills numbers S. 4505 and A. 5346, is amended to read as
follows:
Section 1. Legislative intent. On June 17th, 2024, US Surgeon General
Vivek H. Murthy called for warning labels on social media platforms due
to the "significant mental health harms" such platforms pose to young
users. The Surgeon General had previously found, in a landmark public
health advisory issued a year prior, that adolescents aged 12 - 15 who
spend more than three hours a day on social media faced double their
risk of anxiety and depression - yet as of summer 2023, average daily
use for this cohort was 4.8 hours. The Surgeon General further found
that social media companies were exploiting young users at one of the
most vulnerable periods of their lives, while their "identities and
self-worth are still forming," and they are "especially susceptible to
social pressures, peer opinions, and peer comparison." The Surgeon
General found that frequent social media use is associated with distinct
changes in the amygdala of the brain, which regulates emotional learn-
ing, as well as its prefrontal cortex, which regulates impulse control
and moderates social behavior.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08661-02-6
S. 8827 2
Research shows that social media exposure overstimulates reward
centers, creating pathways comparable to those of an individual experi-
encing substance use or gambling addictions - findings further bolstered
by endless national surveys wherein teenage respondents report feeling
"addicted" to social media platforms and describe the difficulties they
encounter when they try to limit their use. Leaked internal memos from
major social media platforms [such as Meta, Google, and TikTok] reveal
that such companies have deployed the use of predatory features such as
algorithmic feeds, endless scroll, autoplay, notifications, and "likes"
to produce dopamine loops, drawing inspiration from the "variable
reinforcement schedules" produced by gambling slot machines that keep
users pulling the lever, or in this case, checking their screens, at
periodic intervals for an outcome that could be intrinsically rewarding.
Beyond the oft-cited side effects of depression, anxiety, and body
dysmorphia, leaked company documents reveal that social media companies
knew that compulsive use of their products was also associated with
"loss of analytical skills, memory formation, contextual thinking,
conversational depth, (and) empathy." Social media use is also associ-
ated with sleep disturbance, [wherein spirals of insomnia and negative
social comparisons reinforce and enhance each other in a vicious loop]
WHICH CAN ALSO LEAD TO POOR HEALTH OUTCOMES.
The cumulative impact of these addictive design features, created for
no other reason than to keep a user hooked to a platform for as long as
possible, on youth mental health has been nothing short of devastating:
today, nearly half of adolescents say social media makes them feel worse
about their bodies. Teens with the very highest levels of social media
use are twice as likely as those with low levels of use to rate their
mental health as poor or very poor. From 2008 to 2015, the percentage of
hospital visits among young users for suicidal ideation and attempts
nearly doubled. The impact has been particularly acute amongst adoles-
cent girls, as between 2011 and 2018, self-poisonings among 10- to
12-year-old girls quadrupled, hospital admissions for self-harm among
10- to 14-year-old girls tripled, major depressive episodes among 12- to
17-year-old girls increased 52%, and suicide among 10- to 14-year-old
girls doubled. Among female adolescent users, the association between
poor mental health and social media use is now stronger than the associ-
ations between poor mental health and binge drinking, obesity, or hard
drug use. The US Surgeon General characterizes the current youth mental
crisis as nothing less than a public health emergency.
The legislature therefore finds that requiring social media apps with
certain particularly noxious design features to display warning labels
to [all] users [at the point of user access, which will aim to communi-
cate the latest peer-reviewed research on the impact of social media on
mental health,] is a reasonable and necessary step to take for consumer
health and safety. [These warning labels would be similar to those that
the government has already instituted for similarly high-risk products,
such as labels that warn that tobacco products cause cancer, or that
drinking alcohol during pregnancy may lead to birth defects.]
§ 2. The article heading and sections 1520, 1521, 1522, 1523, 1524,
1525, and 1526 of the general business law, as added by a chapter of the
laws of 2025 amending the general business law and the mental hygiene
law relating to requiring warning labels on addictive social media plat-
forms, as proposed in legislative bills numbers S. 4505 and A. 5346, are
amended to read as follows:
WARNING LABELS FOR ADDICTIVE
[SOCIAL MEDIA] FEATURE PLATFORMS
S. 8827 3
§ 1520. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "Addictive feed" shall mean as defined in subdivision one of
section fifteen hundred of this chapter.
2. "ADDICTIVE FEATURE" SHALL MEAN AN ADDICTIVE FEED, AUTOPLAY, AND/OR
INFINITE SCROLL.
3. "Addictive [social media] FEATURE platform" shall mean a [website,
online service, online application, or mobile application that primarily
serves as a medium for covered users to interact with media generated by
other users and which offers or provides covered users an addictive
feed, push notifications, autoplay, infinite scroll, and/or like counts
as a significant part of the services provided by such website, online
service, online application, or mobile application. "Addictive social
media platform" shall not include any such service or application which
the attorney general determines offers the features described herein for
a valid purpose unrelated to prolonging use of such platform] SOCIAL
MEDIA PLATFORM WHICH OFFERS OR PROVIDES COVERED USERS AN ADDICTIVE FEED,
AUTOPLAY, AND/OR INFINITE SCROLL AS A SIGNIFICANT PART OF THE SERVICES
PROVIDED BY SUCH SOCIAL MEDIA PLATFORM.
[3.] 4. "Autoplay" shall mean when [a piece of media] CONTENT is auto-
matically played without any manual input from a covered user.
[4.] 5. "CONTENT" SHALL HAVE THE SAME MEANING AS SUBDIVISION TWO OF
SECTION ELEVEN HUNDRED OF THIS CHAPTER.
6. "Covered operator" shall mean any person, business, or other legal
entity AND ITS AGENTS AND AFFILIATES who [operates or provides] OPERATE
OR PROVIDE an addictive [social media] FEATURE platform.
[5.] 7. "Covered user" shall mean a user of [a website, online
service, online application, or mobile application in New York, not
acting as an operator, or agent or affiliate of the operator, of such
website, online service, online application or mobile application or any
portion thereof] AN ADDICTIVE FEATURE PLATFORM IN NEW YORK, NOT ACTING
AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR OF SUCH ADDICTIVE
FEATURE PLATFORM OR ANY PORTION THEREOF.
[6.] 8. "Infinite scroll" shall mean when a feed or landing page,
whether or not such feed is addictive as defined in subdivision one of
this section, automatically loads and displays additional [media]
CONTENT at the bottom OR OTHER VISIBLE END of such feed or landing page
FROM THE PROSPECTIVE OF THE USER without any manual input, OTHER THAN
SCROLLING, from a [covered] user.
[7. "Like counts" shall mean the quantification and public display of
positive votes, such as but not limited to those expressed via a heart
or thumbs-up icon, attached to a piece of media generated by a covered
user.
8. "Media" shall mean as defined in subdivision five of section
fifteen hundred of this chapter.
9. "Push notification" shall mean an alert generated by an addictive
social media platform for a covered user when such platform is not in
use, but shall not include:
(a) notifications that have been expressly and unambiguously requested
by a covered user;
(b) notifications related to user health or safety, including informa-
tion related to data security or threats;
(c) notifications which serve a public purpose;
(d) notifications related to a user-selected setting or technical
information concerning a user's device;
S. 8827 4
(e) notifications required to comply with state, federal, or local
laws or regulations;
(f) notifications required to operate the addictive social media plat-
form; or
(g) notifications otherwise found by the attorney general to serve a
valid purpose unrelated to prolonging use of such platform.] 9. "SOCIAL
MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS SUBDIVISION FIVE OF
SECTION ELEVEN HUNDRED OF THIS CHAPTER.
§ 1521. Requirement for warning labels. It shall be unlawful for a
covered operator to provide an addictive [feed, autoplay, infinite
scroll, like counts, and/or push notifications] FEATURE to a covered
user unless such operator displays a warning label [each time that such
user accesses such operator's addictive social media platform] IN
ACCORDANCE WITH SECTION FIFTEEN HUNDRED TWENTY-TWO OF THIS ARTICLE WHEN
SUCH USER ACCESSES OR USES SUCH OPERATOR'S ADDICTIVE FEATURE. Such warn-
ing label shall [contain no text other than that prescribed by the
commissioner of mental health and shall appear on such platform in the
manner prescribed by such commissioner, in accordance with the provision
of section 7.48 of the mental hygiene law and any regulations promulgat-
ed thereto.] CONTAIN THE FOLLOWING TEXT:
"THE SURGEON GENERAL HAS WARNED THAT WHILE SOCIAL MEDIA MAY HAVE BENE-
FITS FOR SOME YOUNG USERS, EXCESSIVE USE MAY BE ASSOCIATED WITH SIGNIF-
ICANT MENTAL HEALTH HARMS."
§ 1522. [Design and time] DISPLAY REQUIREMENTS AND restrictions. 1.
FOR EACH CALENDAR DAY IN WHICH A COVERED USER ACCESSES AN ADDICTIVE
FEATURE PLATFORM PROVIDING AN ADDICTIVE FEATURE TO THE COVERED USER, THE
COVERED OPERATOR SHALL DISPLAY THE WARNING LABEL DESCRIBED IN SECTION
FIFTEEN HUNDRED TWENTY-ONE OF THIS ARTICLE TO THE COVERED USER WHEN SUCH
USER INITIALLY ACCESSES THE PLATFORM AND AN ADDICTIVE FEATURE IS
PROVIDED. THE WARNING LABEL SHALL BE DISPLAYED CLEARLY, CONSPICUOUSLY
AND CONTINUOUSLY FOR AT LEAST TEN SECONDS, WITHOUT PROVIDING THE ABILITY
TO BYPASS OR CLICK THROUGH THE WARNING. SUCH WARNING LABEL SHALL BE
DISPLAYED IN A MANNER THAT OCCUPIES AT LEAST TWENTY-FIVE PERCENT OF THE
SCREEN OR WINDOW THAT THE COVERED USER IS USING TO ACCESS THE ADDICTIVE
FEATURE PLATFORM.
2. FOR EACH CALENDAR DAY IN WHICH A COVERED USER USES AN ADDICTIVE
FEATURE PLATFORM THAT PROVIDES AN ADDICTIVE FEATURE TO THE COVERED USER,
THE COVERED OPERATOR SHALL DISPLAY THE WARNING LABEL DESCRIBED IN
SECTION FIFTEEN HUNDRED TWENTY-ONE OF THIS ARTICLE TO THE COVERED USER
AFTER THREE HOURS OF CUMULATIVE ACTIVE USE AND THEREAFTER AT LEAST ONCE
PER HOUR OF CUMULATIVE ACTIVE USE. THE WARNING LABEL SHALL BE DISPLAYED
CLEARLY, CONSPICUOUSLY AND CONTINUOUSLY FOR A DURATION OF AT LEAST THIR-
TY SECONDS, WITHOUT PROVIDING THE ABILITY TO BYPASS OR CLICK THROUGH THE
WARNING, IN A MANNER THAT OCCUPIES AT LEAST SEVENTY-FIVE PERCENT OF THE
SCREEN THE COVERED USER IS USING TO ACCESS THE ADDICTIVE FEATURE PLAT-
FORM.
3. A covered operator shall be prohibited from:
[1.] (A) Including a warning label exclusively in the terms of service
of an addictive [social media] FEATURE platform;
[2.] (B) Obscuring the visibility or prominence of a warning label[,
including via the inclusion of any extraneous text not prescribed by the
commissioner of mental hygiene under section 7.48 of the mental hygiene
law or via changes in font size;
3. Displaying a warning label at a point in a covered user's use of
such platform and/or for a duration other than that prescribed by the
S. 8827 5
commissioner of mental hygiene under section 7.48 of the mental hygiene
law]; and
[4.] (C) Deploying any other design feature or mechanism which inten-
tionally serves to inhibit or subvert the purpose of this article.
§ 1523. Nondiscrimination. A covered operator shall not withhold,
degrade, lower the quality, or increase the price of any product,
service, or feature, other than as necessary for compliance with the
provisions of this article or any rules or regulations promulgated
pursuant to this article, to a covered user due to the covered opera-
tor's display of a warning label under [section] SECTIONS fifteen
hundred twenty-one AND FIFTEEN HUNDRED TWENTY-TWO of this article.
§ 1524. Rulemaking authority. The attorney general [shall] IS AUTHOR-
IZED TO promulgate such rules and regulations as are necessary to effec-
tuate and enforce the provisions of this article.
§ 1525. Scope. 1. This article shall apply to conduct that occurs in
whole or in part in New York. For the purposes of this article, conduct
takes place wholly outside of New York if the [covered] ADDICTIVE
FEATURE platform is accessed by a user who is physically located outside
of New York.
2. Nothing in this article shall be construed to impose liability for
commercial activities or actions by operators subject to 15 U.S.C. §
6501 that is inconsistent with the treatment of such activities or
actions under 15 U.S.C. § 6502.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED OR INTERPRETED TO OVER-
RIDE, SUPPLANT OR CONFLICT WITH ANY OF THE PROVISIONS OF THE SAFE FOR
KIDS ACT CONTAINED IN ARTICLE FORTY-FIVE OF THIS CHAPTER OR ITS RELATED
REGULATIONS.
4. THE PROVISION OF THE WARNING LABEL REQUIRED BY THIS ARTICLE DOES
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 ARTICLE.
5. A COVERED OPERATOR SHALL NOT BE REQUIRED TO DISPLAY THE WARNING
LABEL REQUIRED BY THIS ARTICLE TO A COVERED USER IF IT HAS REASONABLY
DETERMINED THAT THE USER IS OVER SEVENTEEN YEARS OF AGE.
§ 1526. Remedies. 1. Whenever it appears to the attorney general,
either upon complaint or otherwise, that any person, within or outside
the state, has engaged in or is about to engage in any of the acts or
practices stated to be unlawful in this article, the attorney general
may bring an action or special proceeding in the name and on behalf of
the people of the state of New York to enjoin any violation of this
article, to obtain restitution of any moneys or property obtained
directly or indirectly by any such violation, to obtain disgorgement of
any profits or gains obtained directly or indirectly by any such
violation, to obtain damages caused directly or indirectly by any such
violation, to obtain civil penalties of up to five thousand dollars per
violation, and to obtain any such other and further relief as the court
may deem proper, including preliminary relief.
2. The attorney general shall maintain a website to receive
complaints, information, or referrals from members of the public
concerning a covered operator's or addictive [social media] FEATURE
platform's alleged compliance or noncompliance with the provisions of
this article.
§ 3. Section 7.48 of the mental hygiene law, as added by a chapter of
the laws of 2025 amending the general business law and the mental
hygiene law relating to requiring warning labels on addictive social
S. 8827 6
media platforms, as proposed in legislative bills numbers S. 4505 and A.
5346, is REPEALED.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. Section 5 of a chapter of the laws of 2025 amending the general
business law and the mental hygiene law relating to requiring warning
labels on addictive social media platforms, as proposed in legislative
bills numbers S. 4505 and A. 5346, is amended to read as follows:
§ 5. This act shall take effect [on the one hundred eightieth day
after the office of the attorney general shall promulgate rules and
regulations necessary to effectuate the provisions of this act; provided
that the office of the attorney general shall notify the legislative
bill drafting commission upon the occurrence of the enactment of the
rules and regulations necessary to effectuate and enforce the provisions
of section three of this act in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law] JANUARY 1, 2027. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
§ 6. This act shall take effect immediately and sections one and two
of this act shall take effect on the same date and in the same manner as
a chapter of the laws of 2025 amending the general business law and the
mental hygiene law relating to requiring warning labels on addictive
social media platforms, as proposed in legislative bills numbers S. 4505
and A. 5346, takes effect.
