Minnesota social media warning label law blocked: Big tech sues to stop enforcement

ST. PAUL, Minn. (FOX 9) - Minnesota’s new law aimed at adding warning label pop-ups to social media platforms is on hold as legal battles play out.

READ MORE: New Minnesota laws that go into effect July 1: What you need to know

Enforcement of social media warning labels delayed

Big picture view:

The law would have required apps and sites like Facebook, Instagram and TikTok to display a warning label pop-up for users, starting now. However, tech companies filed a lawsuit challenging the law, claiming it forces them to endorse a government message and violates their First Amendment rights.

The attorney general’s office agreed to delay enforcement unless the judge rules against the social media companies. The judge has not yet made a decision, so the warning labels are not currently being enforced.

Parents and suicide prevention advocates spent months urging lawmakers to pass the warning label requirement, pointing to concerns about cyberbullying, online extortion and mental health struggles among young people. 

"The time for trusting Big Tech is over. The time to regulate and enforce is now," said Erich Mische, with Suicide Awareness Voices of Education.

The state's Dept. of Health settled on this message for the warning:

"THE STATE OF MINNESOTA REQUIRES THIS MESSAGE: Some studies have shown that too much social media use is linked to increased mental health symptoms, including anxiety and depression, as well as harm to diet, sleep, and body image. If you need help, call or text 988 or visit 988Lifeline.org."

Why you should care:

The debate centers on protecting children from potential harm caused by social media, with bipartisan support helping to push the bill through the Minnesota State Senate and a tied Minnesota House. Advocates argue that social media companies have failed to protect kids, while tech companies insist there is no scientific consensus on the mental health effects of social media.

"The social media and the tech folks are not the number one favorites of Americans, and I think they're going to have to try and reach out and meet us part way on this, protecting our children on, from some of the things we know can cause harm," said Gov. Tim Walz.

Lawmakers compared tech companies’ resistance to warning labels to Big Tobacco’s long-standing opposition to similar regulations.

Big tech companies’ response and ongoing legal fight

The other side:

Tech companies argue that the warning label law would force them to seem to promote a government message with which they don’t agree. 

"The warning label would require the conveyance of a controversial message. There is no scientific consensus regarding the mental health effects of social media. Much more scientific study is needed," said Zach Lilly with NetChoice.

Big tech companies say the government should focus on digital literacy education instead of warning labels. Lawsuits in both Minnesota and Colorado have blocked enforcement of warning label requirements so far.

The U.S. Surgeon General called for mandatory warning labels in 2024, citing studies showing kids’ mental health risks from spending two to three hours or more on social media daily. The average 8th and 10th grader spends even more time online every day.

Lawmakers and advocates remain committed to pushing for more regulation, while tech companies continue to fight the law in court.

What's next:

The outcome of the lawsuit will determine when or if the warning labels will appear on social media platforms in Minnesota.