Key facts
- NetChoice filed the complaint in federal court on November 13, 2026, seeking to block the law.
- NetChoice said the law violates the First Amendment by compelling members to convey the state's preferred message.
- The law covers platforms with infinite scrolling, auto-play and algorithmic feeds and requires a Surgeon General warning.
- New York Attorney General Letitia James's office declined immediate comment on the suit.
- NetChoice filed a similar lawsuit against California in October 2026.
- A federal judge blocked a similar Colorado law in November 2025; Colorado is appealing.
An internet trade group sued New York on November 13, 2026, seeking to block a state law that requires social media platforms with potentially addictive features to show state-approved warning labels to users.
In a complaint filed in federal court, NetChoice said the law violates the 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, Meta Platforms' Facebook and Instagram, Snap's Snapchat and ByteDance's TikTok. The group has filed many lawsuits challenging regulation of social media businesses.
Governor Kathy Hochul signed the law in December 2025. It requires platforms with infinite scrolling, auto-play and algorithmic feeds to warn about potential harm to younger users, displaying 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 modeled after findings in 2023 by former US Surgeon General Vivek Murthy.
NetChoice said the 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. The group said the warnings repeatedly interrupt users and block access to protected speech, unlike a static warning on a product label.
NetChoice filed a similar lawsuit against California in October 2026. 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 January 1.