ARTICLE
5 March 2026

US States And Kids' Age Verification

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Sheppard, Mullin, Richter & Hampton LLP

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In our next look at US state law developments in the children's space, we turn to age verification laws. These laws are focused on either app stores or platforms.
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In our next look at US state law developments in the children's space, we turn to age verification laws. These laws are focused on either app stores or platforms. Some also require parental consent before minors can download or use apps, not just age verification. A handful have this requirement even if the app is not directed to children.

Of these, the law in Texas has been successfully challenged and blocked. Namely, the Children's Digital Protection and Parental Consent Act (SB 240). It would have imposed age assurance and parental consent requirements on app stores and developers. It was passed in 2025 but enjoined in late December 2025, before its January 1, 2026, effective date. Second is Utah's App Store Accountability Act (SB 142), which will impose age verification and parental consent before children can download apps. It was intended to have rolling effective dates (May 7, 2025, May 6, 2026, and December 31), but it was initially challenged, resulting in it not going into effect last year. That litigation is ongoing.

One law has not yet been blocked. Namely, California's Digital Age Assurance Act (AB 1043). It will require apps to ask and remember age or age brackets. As of now, its effective date is January 1, 2027.

Putting It Into Practice: These evolving laws underscore the need to adapt to a patchwork of requirements. While we anticipate ongoing challenges, legislators are continuing to draft new or revised laws. A principles-based approach can help in this shifting environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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