Social media may soon be treated like cigarettes and alcohol in New York.
A bill requiring warning labels on every visit to social media platforms that use so-called “addictive” features is now on Governor Kathy Hochul’s desk, awaiting her signature to become law.
The new law would target any platform that relies heavily on features like:
The most popular social media platforms would likely qualify to receive mandatory warning messages, including TikTok, Instagram, Facebook, Reddit, YouTube Shorts, Threads, Truth Social and X (formerly Twitter).
Offending platforms face civil penalties of $5,000 per violation, but the bill is vague in defining what constitutes a violation, stating one can be enjoined “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”.
If each instance of an app being accessed without a warning message were considered a violation, each platform could easily rack up millions in fees daily. Conversely, the $5,000 fee could be toothless against major tech companies if interpreted more liberally, such as a single violation per platform or per reporting period.
An exemption is made for user-requested notifications (like direct messages or mentions) and for civic communications like government alerts.
Pop-ups as prevention?
The warning message would not be tucked away somewhere obscure in the application — the law stipulates it must be displayed prominently upon every user visit to the site or use of the app. The specific text of the warning would be determined by the state’s Departments of Health and Education, based on scientific research.
The bill cites mounting evidence that social media can contribute to mental health problems in teens and young people and draws broader comparisons between social media features and addictive mechanisms like gambling. While much of the cited research focuses on youth, the bill applies to users of all ages.
Proponents of the bill say it’s just common sense. Indeed, the bill was helped through the legislative branch by Common Sense Media, a nonprofit organization that advocates for safe technology and media use for children, funded by donors like The Hearst Foundations and Morgan Stanley (which has participated in financing or trading activities involving X and Truth Social). San Francisco-based Common Sense Media has been active in shaping the future of New York’s relationship to technology.
“This critical social media safety bill, along with landmark kids’ online safety laws enacted last year and the upcoming implementation of a statewide bell-to-bell cell phone restriction in schools, further affirms New York’s leadership role in promoting effective kids’ online safety policy,” wrote Common Sense Media Founder and CEO James P. Steyer.
Experts and industry insiders have shown that app producers develop features that become addictive through psychological manipulation. Today’s infinite-scroll algorithms are capable of delivering a highly customized content feed which the average American gets lost in for over two hours per day, according to studies. For younger audiences, that average time investment more than doubles. The bill cites studies and statements from US Surgeon General Vivek H. Murthy showing “significant mental health harms” to teens and adolescents stemming from social media use.
Critics such as those at the Computer & Communications Industry Association (representing major tech firms including Meta and Google) say this is moral panic dressed as policy, and is vague, performative, and potentially unenforceable. Skeptics point out the irony of forcing constant notifications on platforms targeted in part because of their constant notifications, and suggest it would lead to “alert fatigue,” rendering them ineffective. There are also First Amendment concerns — courts only uphold compelled warning labels when the scientific consensus is overwhelming, such as with tobacco.
Join the family! 
