119-s1885

[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.
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