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S T A T E O F N E W Y O R K
________________________________________________________________________
4505
2025-2026 Regular Sessions
I N S E N A T E
February 6, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the general business law and the mental hygiene law, in
relation to requiring warning labels on addictive social media plat-
forms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT 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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08661-01-5
S. 4505 2
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.
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 communicate
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 general business law is amended by adding a new article 45-A
to read as follows:
ARTICLE 45-A
WARNING LABELS FOR ADDICTIVE SOCIAL MEDIA PLATFORMS
SECTION 1520. DEFINITIONS.
1521. REQUIREMENT FOR WARNING LABELS.
1522. DESIGN AND TIME RESTRICTIONS.
1523. NONDISCRIMINATION.
1524. RULEMAKING AUTHORITY.
1525. SCOPE.
1526. REMEDIES.
§ 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 SOCIAL MEDIA PLATFORM" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT PRIMARILY SERVES
S. 4505 3
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.
3. "AUTOPLAY" SHALL MEAN WHEN A PIECE OF MEDIA IS AUTOMATICALLY PLAYED
WITHOUT ANY MANUAL INPUT FROM A COVERED USER.
4. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL
ENTITY WHO OPERATES OR PROVIDES AN ADDICTIVE SOCIAL MEDIA PLATFORM.
5. "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 THERE-
OF.
6. "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 AT THE BOTTOM
OF SUCH FEED OR LANDING PAGE WITHOUT ANY MANUAL INPUT 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;
(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.
§ 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 TO A COVERED USER UNLESS
SUCH OPERATOR DISPLAYS A WARNING LABEL EACH TIME THAT SUCH USER ACCESSES
SUCH OPERATOR'S ADDICTIVE SOCIAL MEDIA PLATFORM. SUCH WARNING 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 PROMULGATED THERETO.
§ 1522. DESIGN AND TIME RESTRICTIONS. A COVERED OPERATOR SHALL BE
PROHIBITED FROM:
S. 4505 4
1. INCLUDING A WARNING LABEL EXCLUSIVELY IN THE TERMS OF SERVICE OF AN
ADDICTIVE SOCIAL MEDIA PLATFORM;
2. OBSCURING THE VISIBILITY OR PROMINENCE OF A WARNING LABEL, INCLUD-
ING 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
COMMISSIONER OF MENTAL HYGIENE UNDER SECTION 7.48 OF THE MENTAL HYGIENE
LAW; AND
4. DEPLOYING ANY OTHER DESIGN FEATURE OR MECHANISM WHICH INTENTIONALLY
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 FIFTEEN HUNDRED TWENTY-
ONE OF THIS ARTICLE.
§ 1524. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL SHALL PROMULGATE
SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE 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 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.
§ 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 PLATFORM'S
ALLEGED COMPLIANCE OR NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 3. The mental hygiene law is amended by adding a new section 7.48 to
read as follows:
§ 7.48. ADDICTIVE SOCIAL MEDIA PLATFORM WARNING LABELS.
(A) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE COMMISSIONER OF EDUCATION, DESIGN THE TEXT FOR THE WARN-
ING LABEL FOR ADDICTIVE SOCIAL MEDIA PLATFORMS PRESCRIBED IN ARTICLE
FORTY-FIVE-A OF THE GENERAL BUSINESS LAW. THE TEXT FOR SUCH WARNING
LABEL SHALL BE BASED UPON A REVIEW OF MEDICAL AND SOCIOLOGICAL RESEARCH,
INCLUDING FROM GOVERNMENT PUBLICATIONS AND PEER-REVIEWED SCHOLARLY ARTI-
S. 4505 5
CLES, THAT IS AVAILABLE AT THE TIME OF THE INITIAL DESIGN OF SUCH LABEL.
THE COMMISSIONERS SHALL CONSIDER FINDINGS RELATED TO THE IMPACT OF
ADDICTIVE SOCIAL MEDIA PLATFORMS ON THE SOCIAL, EMOTIONAL, AND PHYSICAL
HEALTH OF USERS, INCLUDING ANY PARTICULARIZED FINDINGS FOR USERS UNDER
THE AGE OF EIGHTEEN. THE COMMISSIONERS SHALL REVIEW ANY CORRELATIONS
BETWEEN PROLONGED USE OF ADDICTIVE SOCIAL MEDIA PLATFORMS AND ANXIETY,
DEPRESSION, BODY DYSMORPHIA, LOW SELF-ESTEEM, DISRUPTIONS IN SLEEP
PATTERNS, EDUCATIONAL OUTCOMES, CHANGES IN COGNITIVE DEVELOPMENT,
ANALYTICAL SKILLS, CONTEXTUAL THINKING, ATTENTION SPAN, MEMORY FORMA-
TION, AND ANY OTHER PHYSICAL OR BEHAVIORAL PATTERNS UNVEILED BY SUCH
AVAILABLE RESEARCH.
(B) THE COMMISSIONER SHALL BE EMPOWERED TO UPDATE THE TEXT OF SUCH
WARNING LABEL ON AN ANNUAL BASIS TO REFLECT ANY CHANGING DEVELOPMENTS IN
THE STATE OF AVAILABLE RESEARCH DESCRIBED IN SUBDIVISION (A) OF THIS
SECTION. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO
ESTABLISH THE PROCESS BY WHICH THE OFFICE SHALL EFFECTUATE SUCH ANNUAL
UPDATE.
(C) THE COMMISSIONER SHALL FURTHER PRESCRIBE, VIA RULES AND REGU-
LATIONS, AT WHAT POINT DURING A COVERED USER'S USE OF AN ADDICTIVE
SOCIAL MEDIA PLATFORM THE WARNING LABEL DESCRIBED HEREIN SHALL APPEAR ON
SUCH PLATFORM, THE FREQUENCY WITH WHICH SUCH LABEL SHALL APPEAR DURING
SUCH USER'S USE, AND THE AMOUNT OF TIME SUCH LABEL SHALL REMAIN PROMI-
NENTLY DISPLAYED ON THE PLATFORM, BASED ON FACTORS SUCH AS THE EFFEC-
TIVENESS OF THE WARNING LABEL CREATED BY THIS SECTION, THE DURATION OF
USER TIME ON AN ADDICTIVE SOCIAL MEDIA PLATFORM THAT MAY BE ASSOCIATED
WITH PARTICULAR HARMS, INCLUDING HARMS ASSOCIATED WITH CERTAIN TIMES OF
DAY, USER RESPONSE TO SUCH LABEL, CHANGES IN USER BEHAVIOR RELATED TO
SUCH LABEL, OR ANY OTHER FACTOR DEEMED RELEVANT BY THE COMMISSIONER. THE
COMMISSIONER SHALL BE EMPOWERED TO UPDATE THE REGULATIONS PRESCRIBED BY
THIS SUBDIVISION ON AN ANNUAL BASIS.
(D) THE COMMISSIONER SHALL ISSUE AN ANNUAL REPORT TO THE GOVERNOR, THE
ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMIT-
TEES, THE CHAIRS OF THE SENATE AND ASSEMBLY MENTAL HEALTH COMMITTEES,
THE CHAIR OF THE SENATE INTERNET AND TECHNOLOGY COMMITTEE, AND THE CHAIR
OF THE ASSEMBLY SCIENCE AND TECHNOLOGY COMMITTEE SUMMARIZING: THE
EFFORTS UNDERTAKEN BY THE OFFICE TO STUDY THE AVAILABLE RESEARCH
DESCRIBED IN THIS SECTION; HOW SUCH STUDY INFORMED THE REGULATIONS
PRESCRIBING THE DESIGN, TEMPORAL APPEARANCE, AND DURATION OF THE ADDIC-
TIVE SOCIAL MEDIA PLATFORM WARNING LABEL ON AN ADDICTIVE SOCIAL MEDIA
PLATFORM; ANY CHANGES TO THE TEXT OF SUCH LABELS COMPARED TO PRIOR
YEARS; AND ANY RECOMMENDED LEGISLATIVE CHANGES TO THIS SECTION, ARTICLE
FORTY-FIVE-A OF THE GENERAL BUSINESS LAW, AND ANY SUCCESSOR PROVISIONS
THEREOF, INCLUDING BUT NOT LIMITED TO STATUTORY UPDATES RELATED TO THE
INCLUSION OF ADDITIONAL DESIGN FEATURES DEPLOYED BY COVERED OPERATORS,
AS DEFINED IN SUBDIVISION FOUR OF SECTION FIFTEEN HUNDRED TWENTY OF THE
GENERAL BUSINESS LAW, WHICH ARE DESIGNED TO PROLONG USE OF AN ADDICTIVE
SOCIAL MEDIA PLATFORM.
(E) SUCH REPORT SHALL ALSO BE POSTED FOR PUBLIC REVIEW IN A CLEAR AND
CONSPICUOUS MANNER ON THE OFFICE'S WEBSITE.
§ 4. Severability. If any clause, sentence, paragraph, subdivision,
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 judgment shall have
S. 4505 6
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. This act shall take effect on the one hundred eightieth day after
the office of the attorney general shall promulgate rules and regu-
lations 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. Effective immediately, the addition, 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.Every fact on this page links to its source, starting with the official bill record.