[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1885
To require the Federal Trade Commission, with the concurrence of the
Secretary of Health and Human Services acting through the Surgeon
General, to implement a mental health warning label on covered
platforms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2025
Mrs. Britt (for herself and Mr. Fetterman) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission, with the concurrence of the
Secretary of Health and Human Services acting through the Surgeon
General, to implement a mental health warning label on covered
platforms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Scroll Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Social media platform use is associated with risks to
the physical and mental health of users, including exposure to
bullying, online harassment and abuse, discrimination, and
child sexual exploitation.
(2) Product warning labels can increase awareness of risks
and influence behavior.
(3) Extended use of social media, which addictive
algorithms encourage, can contribute to negative health impacts
associated with covered platforms.
(4) The Federal Government has a compelling interest in
ensuring that users of a covered platform can make informed
decisions about the amount of time the user spends on the
covered platform, which requires an understanding of the mental
health risks involved with using a covered platform.
(5) In May 2023, the Surgeon General issued an advisory
warning that social media use is associated with a broad range
of harms to mental health, and then called for warning labels
on covered platforms to raise awareness of these risks and
promote healthier online engagement.
(6) Given the substantial body of evidence documenting the
adverse health effects of unregulated digital engagement, it is
both appropriate and necessary to require clear, factual risk
disclosures to ensure users are adequately informed before
engaging with such platforms.
(7) This approach aligns with well-established public
health standards that have long governed disclosure practices
in industries affecting consumer well-being.
(8) Conspicuousness of labels is important, as evidenced by
studies on tobacco and alcohol warning labels.
SEC. 3. DEFINITIONS.
In this Act:
(1) Anonymous content sharing platform.--The term
``anonymous content sharing platform'' means any website or
mobile application that does not require registration and is
used to share content, including digital images, recorded
videos, text conversations, or live video conversations.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered platform.--The term ``covered platform''
means--
(A) a ``social media platform'' as such term is
defined in section 124 of the Trafficking Victims
Prevention and Protection Reauthorization Act of 2022
(42 U.S.C. 1862w); or
(B) an anonymous content sharing platform.
(4) Covered platform provider.--The term ``covered platform
provider'' means any person who, for commercial purposes in or
affecting commerce, provides, manages, operates, or controls a
covered platform.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) User.--The term ``user'' means, with respect to a
covered platform, a person who registers an account with,
creates a profile on, or otherwise accesses the covered
platform.
SEC. 4. WARNING LABEL.
(a) In General.--A covered platform provider shall--
(1) each time a user accesses the covered platform of the
provider while physically located in the United States, clearly
and conspicuously display a mental health warning label
(referred to in this section as a ``covered label'') that
complies with the requirements under this section, including
the regulations promulgated under subsection (d);
(2) cause the covered label to disappear only if the user--
(A) exits the covered platform; or
(B) acknowledges the potential for harm and chooses
to proceed to the covered platform despite the risk;
and
(3) if a user acknowledges the potential for harm and
chooses to proceed to the covered platform in accordance with
paragraph (2)(B), redisplay such covered label after each hour
of continuous use by such user.
(b) Content of Covered Label.--A covered label shall--
(1) warn the user of potential negative mental health
impacts of accessing the covered platform; and
(2) provide the user access to Federal resources to address
the potential negative mental health impacts described in
paragraph (1), including the 988 Suicide and Crisis Lifeline.
(c) Restrictions on Form.--A covered platform provider may not--
(1) include a covered label exclusively through a hyperlink
or in the terms and conditions of the covered platform;
(2) include extraneous information in a covered label that
obscures the visibility or prominence of the covered label; or
(3) allow a user to disable a covered label, except as
provided in subsection (a).
(d) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Commission, with the concurrence of the
Secretary acting through the Surgeon General, shall promulgate
regulations containing appropriate requirements for a covered label.
(e) Review.--Not later than 5 years after the date on which the
Commission promulgates the regulations required by subsection (d), and
not less frequently than once every 5 years thereafter, the Commission,
with the concurrence of the Secretary acting through the Surgeon
General, shall review and revise such regulations to address changes in
technology, market conditions, and medical science.
SEC. 5. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act by a
covered platform provider shall be treated as a violation of a
rule defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this Act and any
regulation promulgated under this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this Act
or any regulation promulgated under this Act shall be
subject to the penalties and entitled to the privileges
and immunities provided in the Federal Trade Commission
Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations and common carriers.--
Notwithstanding section 4 or 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act and any
regulation promulgated under this Act, in the same
manner provided in subparagraphs (A) and (B), with
respect to--
(i) organizations not organized to carry on
business for their own profit or that of their
members; and
(ii) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.) and all Acts amendatory thereof and
supplementary thereto.
(D) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(E) Rulemaking.--The Commission, with the
concurrence of the Secretary acting through the Surgeon
General, shall promulgate in accordance with section
553 of title 5, United States Code, such rules as may
be necessary to carry out this Act.
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by the engagement of a covered
platform provider in a practice that violates this Act, the
attorney general of the State may, as parens patriae, bring a
civil action against the covered platform provider on behalf of
the residents of the State in an appropriate district court of
the United States to obtain appropriate relief, including civil
penalties in the amount determined under paragraph (2).
(2) Civil penalties.--A covered platform provider that is
found, in an action brought under paragraph (1), to have
knowingly or repeatedly violated this Act shall, in addition to
any other penalty otherwise applicable to a violation of this
Act, be liable for a civil penalty equal to the amount
calculated by multiplying--
(A) the greater of--
(i) the number of days during which the
covered platform provider was not in compliance
with this Act; or
(ii) the number of end users for whom the
covered label was not displayed as a result of
the violation; by
(B) an amount not to exceed the maximum civil
penalty for which a person, partnership, or corporation
may be liable under section 5(m)(1)(A) of the Federal
Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including
any adjustments for inflation).
(3) Rights of the commission.--
(A) Notice to the commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action.
(ii) Contents.--The notification required
under clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required under clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the commission.--The Commission
may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal in
the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary or other evidence.
(5) Preemptive action by the commission.--If the Commission
institutes a civil action or an administrative action with
respect to a violation of this Act, the attorney general of a
State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in
the complaint of the Commission based on the same set of facts
giving rise to the alleged violation with respect to which the
Commission instituted the action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--In addition to a
civil action brought by an attorney general under paragraph
(1), any other consumer protection officer of a State who is
authorized by the State to do so may bring a civil action under
paragraph (1), subject to the same requirements and limitations
that apply under this subsection to a civil action brought by
an attorney general.
(8) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the State
for a violation of any civil or criminal law of the State.
(c) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over any violation of this Act if such violation involves
an individual in the United States or if any act in furtherance of the
violation was committed in the United States.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 year after the
date of enactment of this Act.
<all>