bbieron@platformeconomyinsights.com

New York Enacts Law Requiring Warning Labels on Social Media

Jan 9, 2026

Report from Digital Watch

In Brief – Governor Kathy Hochul added New York to the list of states that is trying to require social media platforms to display cigarette package-style warning labels that describe their services as employing dangerous “addictive features” such as algorithmic recommendations and a so-called “infinite scroll” that shows content without a user’s manual input. Saying, “New Yorkers deserve transparency,” Hochul said the law is intended to safeguard young people against potential mental health harms linked to excessive social media use. Warnings will show the first time a user activates one of the targeted features and will then reappear at intervals.

Context – Many states are passing laws regulating how social media sites serve young people, often prohibiting platforms from employing so-called addictive features when users are teenagers. Most of the state laws are getting blocked by federal judges, often on First Amendment grounds. The Supreme Court’s 2024 Moody v. NetChoice decision had five justices describing social media platforms as clearly expressive activity strongly protected by First Amendment, setting a seemingly high legal bar, but the Fifth Circuit Court of Appeals, which has consistently backed social media regulation, allowed a Mississippi law regulating teen use of social media to stand and the Supreme Court refused to overturn that order while litigation proceeded, creating real uncertainty about a High Court that has been squirrely on internet cases. New York’s social media warning label law, like those from Minnesota, California and Colorado, raises First Amendment issues involving government compelling speech. Colorado’s labeling law was recently blocked by District Court Judge William Martinez. However, New York had better luck defending its law requiring retail companies to post warning labels when they use “personal data” in pricing decisions, so-called algorithmic pricing, with District Judge Jed Rakof rejecting the National Retail Federation’s effort to block the law as being compelled speech blocked by the First Amendment.

View By Monthly
Latest Blog
US Supreme Court Soundly Rejects Broad ISP Liability for User Piracy

Report from the New York Times In Brief – The Supreme Court has unanimously ruled that Cox Communications cannot be held liable for copyright infringement committed by its users, even if the company knows some customers engage in piracy and yet it does not cut them...

Tech Trade Group Challenges Chicago’s Social Media Tax

Report from the Chicago Sun-Times In Brief – NetChoice, a digital company trade group, is suing to block the City of Chicago’s new social media tax, arguing it violates the First Amendment and the federal Permanent Internet Tax Freedom Act (PITFA). The new tax extends...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required