United States of America: Court granted preliminary injunction against California Age-Appropriate Design Code Act (NetChoice v Bonta)

Description

Court granted preliminary injunction against California Age-Appropriate Design Code Act (NetChoice v Bonta)

On 13 March 2025, the United States District Court for the Northern District of California granted a preliminary injunction against the enforcement of the California Age-Appropriate Design Code Act (CAADCA). NetChoice, a trade association representing internet companies such as Google and Meta, initiated legal proceedings challenging CAADCA. The association argued that the provisions of the Act, including age verification requirements, policy enforcement mandates, and content restrictions, violated First Amendment rights and imposed unconstitutional content-based regulations on digital platforms. In a previous ruling, the Court determined that NetChoice was likely to succeed in its facial First Amendment challenge. However, following an appeal, the Ninth Circuit Court of Appeals set aside certain aspects of the injunction while upholding the ruling on Data Protection Impact Assessments (DPIA) and related provisions. Subsequent to the remand, NetChoice filed an amended complaint and a second motion for a preliminary injunction, which the Court granted, determining a likelihood of success on both First Amendment and vagueness claims. The Court ruled that several provisions of CAADCA, including policy enforcement, information use restrictions, dark patterns prohibitions, and age estimation requirements, were likely unconstitutional. The injunction immediately blocks enforcement of CAADCA and remains in effect until further court orders, with no requirement for a security bond.

Original source

Scope

Policy Area
Consumer protection
Policy Instrument
Age verification requirement
Regulated Economic Activity
online advertising provider, platform intermediary: user-generated content, technological consumer goods, software provider: other software, platform intermediary: other
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

Hide details
2023-09-18
in force

On 18 September 2023, the United States District Court Northern District of California granted a mo…

2023-10-18
under appeal

On 18 October 2023, Attorney General (AG) Rob Bonta filed an appeal against the ruling blocking the…

2023-12-13
under appeal

On 13 December 2023, Attorney General (AG) Rob Bonta filed a brief in the Ninth Circuit in defence …

2024-08-16
in force

On 16 August 2024, the Ninth Circuit Court of Appeals’ issued a decision in NetChoice v. Bonta, in …

2025-03-13
under litigation

On 13 March 2025, the United States District Court for the Northern District of California granted …

We use cookies and other technologies to perform analytics on our website. By opting in, you consent to the use by us and our third-party partners of cookies and data gathered from your use of our platform. See our Privacy Policy to learn more about the use of data and your rights.