SB 933

This bill generally requires a social media platform to ensure that a mental health warning label appears each time a user accesses the social media platform and disappears only when the user exits the social media platform or acknowledges the potential for harm and chooses to proceed. The mental health warning label must be conspicuous, warn the user of potential negative mental health effects of accessing the social media platform, and provide the user access to certain resources to address these effects. The Department of Agriculture, Trade and Consumer Protection, in consultation with the Department of Health Services, must develop guidelines containing requirements for these warning labels. The guidelines may allow users to disable the warning label under circumstances specified in the guidelines.

Under the bill, DATCP or the Department of Justice may investigate violations of the bill’s provisions and bring a civil action in which it may obtain against a violating social media platform any combination of the following relief: a forfeiture of up to $5,000 for each violation; temporary or permanent injunctive relief; restitution to any person who suffered loss as a direct or indirect result of the violation; and disgorgement of any money the social media platform received as a direct or indirect result of the violation. In addition, a person who directly or indirectly suffers injury as a result of a violation of the bill’s provisions may bring a civil action against the violating social media platform for any combination of the following relief: damages directly or indirectly resulting from the violation, including physical and emotional harm; punitive damages; temporary or permanent injunctive relief; and reasonable attorney fees and costs.