ARTICLE
16 September 2024

Attorneys General Support Social Media Warning Labels

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Kelley Drye & Warren LLP

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Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
42 state attorneys general joined forces in a bipartisan National Association of Attorneys General (NAAG) letter to Congress, backing the United States Surgeon General's recent call for Congress...
United States Media, Telecoms, IT, Entertainment

42 state attorneys general joined forces in a bipartisan National Association of Attorneys General (NAAG) letter to Congress, backing the United States Surgeon General's recent call for Congress to require a surgeon general's warning label on social media platforms.

Echoing sentiments from the recent NAAG Presidential Summit we recently covered, the AGs state they are united in their concern for children's safety, particularly when it comes to the impact of"algorithm-driven social media." They note that features like infinite scrolling and constant notifications are designed to keep kids engaged, often leading to negative effects on mental health. In his op-ed, the Surgeon General highlighted that just as warning labels on tobacco products have been shown to increase awareness and change behavior, similar labels on social media could help address these risks.

The AG letter describes state enforcement addressing children's mental health, which we described in our post earlier this year, including lawsuits against multiple social media platforms for deploying what AGs allege to be addictive and harmful features. The AGs also note several state laws recently enacted that are intended to protect children. Despite these state actions, the AGs stress the need for broader federal measures to"complement other efforts," acknowledging that while a surgeon general's warning wouldn't solve everything, it could be a"consequential step" in protecting the youth.

Pointing to recent bipartisan progress like the Senate's Kids Online Safety Act and Children and Teens' Online Privacy Protection Act, the AGs see a good start but insist more is needed. They"urge Congress to consider other legislative solutions focused on the challenges posed by Internet platforms."

The letter reflects the ongoing focus of AGs on protecting youth overall and in the digital space, and a willingness to engage in a bipartisan manner to creatively address consumer protection priorities.

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