Require warning labels on addictive social media platforms

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 808

2025-2026

Representatives Cockley, Salvo

Cosponsors: Representatives McNally,
Somani, Brennan, Baker, Synenberg, Piccolantonio, Brewer, Rogers,
Lett, Rader, White, A., Brownlee, Miller, J.

To
enact sections 1349.08, 1349.081, 1349.082, 1349.083, 1349.084,
1349.085, 5119.65, 5119.651, 5119.652, and 5119.653 of the Revised
Code
to
require warning labels on addictive social media platforms.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1349.08, 1349.081, 1349.082, 1349.083, 1349.084, 1349.085,
5119.65, 5119.651, 5119.652, and 5119.653 of the Revised Code be
enacted to read as follows:

Sec.
1349.08.
As
used in sections 1349.08 to 1349.085 of the Revised Code:

(A)
"Addictive feed" means a web site, online service, online
application, or mobile application, or a portion thereof, in which
multiple pieces of media generated or shared by users of a web site,
online service, online application, or mobile application, either
concurrently or sequentially, are recommended, selected, or
prioritized for display to a user based, in whole or in part, on
information associated with the user or the user's device, unless any
of the following conditions apply:

(1)
The recommendation, prioritization, or selection is based on
information that is not persistently associated with the user or
user's device and does not concern the user's previous interactions
with media generated or shared by other users.

(2)
The recommendation, prioritization, or selection is based on
user-selected privacy or accessibility settings or technical
information concerning the user's device.

(3)
The user expressly and unambiguously requested the specific media,
media by the author, creator, or poster of media the user has
subscribed to, or media shared by users to a page or group the user
has subscribed to, provided that the media is not recommended,
selected, or prioritized for display based, in whole or in part, on
other information associated with the user or the user's device that
is not otherwise permissible under law.

(4)
The user expressly and unambiguously requested that specific media,
media by a specified author, creator, or poster of media the user has
subscribed to, or media shared by users to a page or group the user
has subscribed to, be blocked, prioritized or deprioritized for
display, provided that the media is not recommended, selected, or
prioritized for display based, in whole or in part, on other
information associated with the user or the user's device that is not
otherwise permissible under law.

(5)
The media are direct and private communications.

(6)
The media are recommended, selected, or prioritized only in response
to a specific search inquiry by the user.

(7)
The media recommended, selected, or prioritized for display is
exclusively next in a pre-existing sequence from the same author,
creator, poster, or source.

(8)
The recommendation, prioritization, or selection is necessary to
comply with sections 1349.08 to 1349.085 of the Revised Code and any
regulations adopted pursuant to those sections.

(B)(1)
"Addictive social media platform" means a web site, online
service, online application, or mobile application that primarily
serves as a medium for covered users to interact with media generated
by other users and which offers or provides covered users an
addictive feed, push notifications, autoplay, infinite scroll, or
like counts as a significant part of the services provided by such
web site, online service, online application, or mobile application.

(2)
"Addictive social media platform" does not include any
service or application that offers the features described in division
(B)(1) of this section for a valid purpose unrelated to prolong use
of such platform, as determined by the attorney general.

(C)
"Autoplay" means when a piece of media is automatically
played without any manual input from a covered user.

(D)
"Covered operator" means any person, business, or other
legal entity who operates or provides an addictive social media
platform.

(E)
"Covered user" means a user of a web site, online service,
online application, or mobile application in this state, not acting
as an operator, or agent or affiliate of the operator of such web
site, online service, online application or mobile application or any
portion thereof.

(F)
"Infinite scroll" means when any feed or landing page
automatically loads and displays additional media at the bottom of
such feed or landing page without any manual input from a covered
user.

(G)
"Like counts" means the quantification and public display
of positive votes, including those expressed via a heart or thumbs-up
icon, attached to a piece of media generated by a covered user.

(H)
"Media" means any text, image, or video.

(I)
"Push notification" means an alert generated by an
addictive social media platform for a covered user when such platform
is not in use, but excludes the following notifications:

(1)
Those that have been expressly and unambiguously requested by a
covered user;

(2)
Any related to the user's health or safety, including information
related to data security or threats;

(3)
Those that serve a public purpose;

(4)
Those related to a user-selected setting or technical information
concerning a user's device;

(5)
Any that are required to comply with state, federal, or local laws or
regulations;

(6)
Any required to operate the addictive social media platform;

(7)
Any that serve a valid purpose unrelated to prolonging use of such
platform, as determined by the attorney general.

(J)
"Warning label" means the label designed by the director of
behavioral health under section 5119.65 of the Revised Code.

Sec.
1349.081.
(A)
Except as provided in division (B) of this section, a covered
operator shall not make any addictive social media platform available
to covered users in this state.

(B)
A covered operator may provide an addictive social media platform to
covered users in this state if a warning label is displayed each time
a covered user accesses the social media platform.

Sec.
1349.082.
A
covered operator shall not do any of the following:

(A)
Include a warning label exclusively in an addictive social media
platform's terms of service;

(B)
Obscure the visibility or prominence of a warning label, including
the inclusion of any extraneous text not prescribed by the director
of behavioral health under section 5119.652 of the Revised Code;

(C)
Display a warning label at a point in a covered user's use of the
platform or for a duration other than what was prescribed by the
director of behavioral health under section 5119.652 of the Revised
Code;

(D)
Deploy any other design feature or mechanism which intentionally
serves to inhibit or subvert the warning label from being displayed
as prescribed by the director of behavioral health under section
5119.652 of the Revised Code.

Sec.
1349.083.
A
covered operator shall not withhold, degrade, lower the quality, or
increase the price of any product, service, or feature to a covered
user other then what is necessary to comply with sections 1349.08 to
1349.085 of the Revised Code.

Sec.
1349.084.
(A)
Whenever it appears to the attorney general, either upon complaint or
on the attorney general's own behalf, that a person, within or
outside the state, has violated sections 1349.081 to 1349.083 of the
Revised Code, the attorney general may do the following:

(1)
Bring an action or special proceeding to enjoin any violation of
those sections;

(2)
Request civil penalties of up to five thousand dollars per violation;

(3)
Recover, on behalf of the covered user, any damages caused directly
or indirectly by the violation.

(B)
The attorney general may also seek any of the following:

(1)
Restitution of any money or property obtained directly or indirectly
from the violation;

(2)
Disgorgement of any profits or gains obtained directly or indirectly
from the violation;

(3)
Any such other and further relief as the court may deem proper,
including preliminary relief.

Sec.
1349.085.
The
attorney general shall maintain a publically accessible web site for
people to report complaints, information, or referrals of a covered
operator's or addictive social media platform's noncompliance with
sections 1349.08 to 1349.085 of the Revised Code.

Sec.
5119.65.
(A)
As used in this section and sections 5119.651 to 5119.653 of the
Revised Code, "addictive social media platform," "covered
operator," and "covered user" have the same meanings
as in section 1349.08 of the Revised Code.

(B)
The director of behavioral health shall, in consultation with the
department of health and the department of education and workforce,
design the text for a warning label for addictive social media
platforms, as required under section 1349.081 of the Revised Code,
based upon a review of medical and sociological research that is
available at the time of the initial design of the label, including
from government publications and peer-reviewed scholarly articles.

(C)
When determining the warning label's text, the director shall review
and consider the following:

(1)
Findings related to the impact of addictive social media platforms on
covered users' social, emotional, and physical health, including any
particularized findings for users under the age of eighteen.

(2)
Any correlations between prolonged use of addictive social media
platforms and the following:

(a)
Anxiety;

(b)
Depression;

(c)
Body dysmorphia;

(d)
Low self-esteem;

(e)
Disruptions in sleep patterns;

(f)
Educational outcomes;

(g)
Changes in cognitive development;

(h)
Analytical skills;

(i)
Contextual thinking;

(j)
Attention span;

(k)
Memory formation;

(l)
Any other physical or behavioral patterns unveiled by such available
research.

Sec.
5119.651.
The
director of behavioral health may annually update the text of the
warning label developed under section 5119.65 of the Revised Code to
reflect any changing developments in this state of available research
described in that section.

Sec.
5119.652.
The
director of behavioral health shall adopt rules to do the following:

(A)
Establish a process for the director to annually update the text of
the warning label pursuant to section 5119.651 of the Revised Code.

(B)(1)
Determine the following specifications for the warning label:

(a)
The point in a covered user's use of an addictive social media
platform the warning label will appear;

(b)
The frequency that the label will appear during the covered user's
use of the platform;

(c)
The length of time the label will remain prominently displayed on the
platform.

(2)
The director shall use the following factors when determining the
specifications described in division (B)(1) of the section:

(a)
The warning label's effectiveness;

(b)
The duration of user time on an addictive social media platform that
may be associated with particular harms, including harms associated
with certain times of the day;

(c)
User response;

(d)
Changes in user behavior related to the label;

(e)
Any other factor the director deems relevant.

Sec.
5119.653.
(A)
The director of behavioral health shall compile an annual report
summarizing the following:

(1)
The efforts undertaken by the department of behavioral health to
study the available research described in section 5119.65 of the
Revised Code and how those efforts informed the regulations
prescribing the design, temporal appearance, and duration of the
addictive social media platform warning label;

(2)
Any changes to the warning label's text compared to prior years;

(3)
Any recommended legislative changes, including statutory updates
related to the inclusion of additional design features deployed by
covered operators that are designed to prolong use of an addictive
social media platform.

(B)
The report described in division (A) of this section shall be posted
on the department's web site in a clear and conspicuous manner and
shall be submitted to the following:

(1)
The governor;

(2)
The president of the senate;

(3)
The speaker of the house of representatives;

(4)
The chairpersons of any legislative committee related to education,
mental health, internet and technology, and science and technology.