New York sued over law requiring social media ‘warning label’

• NetChoice sued New York on Nov 13 to block a law forcing social media sites to show state-approved warning labels about possible harm to young users.
• The group says the law breaks First Amendment free speech rights by making platforms repeat the state’s “preferred message” and interrupting users with warnings they cannot skip.
• The law, signed by Governor Kathy Hochul, covers features like infinite scrolling and auto-play, and is due to start on Jan 1; NetChoice has also sued California over a similar rule.

NEW YORK – An internet trade group sued New York on Nov 13, seeking to block a state law requiring social media platforms that contain potentially addictive features to provide state-approved warning labels for users.

In a complaint filed in federal court, NetChoice said the law violates the free speech protections of the US Constitution’s First Amendment by compelling its members to convey the state’s “preferred message” about online safety.

The office of New York Attorney General Letitia James, who enforces the state’s laws, declined immediate comment.

NetChoice has more than 30 members including Alphabet’s Google and YouTube, Facebook and Instagram parent Meta Platforms, Snapchat parent Snap and ByteDance’s TikTok. It has filed many lawsuits challenging regulation of social media businesses.

Signed by Governor Kathy Hochul last December, the New York law requires social media platforms with infinite scrolling, auto-play and algorithmic feeds to warn about potential harm to younger users.

It requires the display of a “warning” from the US Surgeon General that while social media may benefit some young users, “excessive use may be associated with significant mental health harms.”

The statement is modelled after findings in 2023 by former US Surgeon General Vivek Murthy.

NetChoice said New York’s law is “designed to block, burden, and browbeat social media users” by subjecting them to the warning when they sign on and after multiple hours of use, with no way to bypass it.

“Unlike a static warning on a product label, these warnings repeatedly interrupt users and block access to protected speech,” NetChoice said.

NetChoice filed a similar lawsuit against California in October.

It also said New York’s law is similar to a Colorado law that a federal judge blocked in November 2025, citing the First Amendment. Colorado is appealing that decision.

New York’s law is scheduled to take effect on Jan 1. REUTERS