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HB 808

Require warning labels on addictive social media platforms

136th Legislature (2025-2026) Introduced by Rachel Baker and 14 co-sponsors

The bill requires warning labels on addictive social media platforms for Ohio users and creates state rules to regulate design, updates, enforcement, and oversight.

Referred to committee
#commerce #socialmedia #technology
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Bill Summary · HB 808

Overview

HB 808 (136th General Assembly, Ohio) would require warning labels on addictive social media platforms and establish a regulatory framework governing their design, labeling, enforcement, and periodic review. The bill defines what constitutes an addictive feed, outlines who is covered, and details the responsibilities of operators and the state, including the attorney general and the director of behavioral health. The primary goal is to inform covered users about potential health and behavioral risks associated with prolonged use of certain social media platforms.

Main purpose and intent

  • To curb potential harms associated with addictive social media platforms by mandating warning labels.
  • To regulate when such platforms may be made available to users in Ohio and to constrain design features that may prolong use.
  • To create a state-level process for updating warning text based on current research and to provide oversight and enforcement through the attorney general and the director of behavioral health.

Key provisions and changes

  • Definitions:

    • Addictive feed: A recommendation-prioritization mechanism based on user data that generally aims to maximize engagement, with several specific exceptions.
    • Addictive social media platform: A platform that primarily facilitates user interaction with user-generated media and uses addictive features (autoplay, infinite scroll, push notifications, like counts) as a core service.
    • Other terms: autoplay, infinite scroll, like counts, push notifications, covered operator, covered user, media, etc.
    • Warning label: A label designed by the director of behavioral health under a separate code section.

  • Access and availability (Sec. 1349.081):

    • General rule: A covered operator cannot make an addictive social media platform available to Ohio-covered users unless a warning label is displayed each time the platform is accessed.
    • Exception: The platform may be provided if a warning label is displayed, per the specified design and timing.

  • Labeling restrictions (Sec. 1349.082):

    • Prohibits placing warning text exclusively in terms of service.
    • Prohibits obscuring the warning or adding extraneous text beyond prescribed content.
    • Prohibits displaying the warning outside prescribed timing or duration.
    • Prohibits any design features intended to subvert or undermine the warning.

  • Consumer impact (Sec. 1349.083):

    • Operators cannot withhold or degrade other products/services or adjust prices merely to comply with this law beyond the required framework.

  • Enforcement, penalties, and remedies (Sec. 1349.084):

    • The attorney general can sue for injunctions and seek civil penalties up to $5,000 per violation.
    • The AG can recover damages on behalf of affected users and seek restitution, disgorgement, and other relief as appropriate.

  • Public reporting and complaints (Sec. 1349.085):

    • The attorney general must maintain a publicly accessible site for complaints, information, and referrals related to noncompliance.

  • Warning label design and updates (Sec. 5119.65, 5119.651, 5119.652, 5119.653):

    • The director of behavioral health, in consultation with health and education departments, will design the text of the warning label.
    • The label text should reflect research on social, emotional, and physical health impacts, including effects on minors.
    • The director may annually update the label text to reflect new research.
    • Rules will be adopted to:
    • Establish when the label appears, how frequently, and how long it stays visible.
    • Consider effectiveness, time spent on platforms, user response, behavior changes, and other relevant factors.
    • An annual report must summarize regulatory development, label text changes, and any recommended legislative updates. The report must be publicly posted and provided to state leadership and relevant committees.

Who would be affected

  • Covered operators: Companies operating addictive social media platforms that serve Ohio users.
  • Covered users: Individuals in Ohio who use such platforms (not acting as operators or their affiliates).
  • State entities: Attorney General (enforcement and complaints), Director of Behavioral Health (label design, rulemaking, and annual reporting), and collaborating state departments (Health, Education and Workforce).

Procedural and timeline aspects

  • Enactment and implementation timeline:
    • The bill lays out a framework for labeling and enforcement, but specific timing for when warnings must appear would be determined by the director’s rules (to be adopted under the specified sections).
    • Annual updates to the warning label text are permitted and encouraged based on ongoing research.
  • Enforcement:
    • Civil enforcement by the attorney general with potential penalties up to $5,000 per violation, plus possible restitution and disgorgement.
  • Transparency:
    • Public complaint portal hosted by the attorney general; annual reporting to legislative leadership and relevant committees.

Potential impact

  • Increased user awareness of potential harms associated with addictive social media platforms, especially for minors.
  • Financial and operational implications for platforms to implement timely warning labels and adjust user-interface behavior according to state rules.
  • Possible deterrence of certain platform designs or features that are perceived as prolonging use.
  • Enhanced state oversight of the intersection between digital platforms and public health, with ongoing research integration.

Note: This summary reflects the introduced text and provisional provisions; final content could change with committee amendments or legislative action.

Compiled from official sources — confirm details with the bill’s official record.

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