Attorney General Bonta and Governor Newsom Issue Statement on Appellate Court Decision Regarding California’s Age-Appropriate Design Code Act

OAKLAND — California Attorney General Rob Bonta and California Governor Gavin Newsom today issued the following statements in response to the Ninth Circuit Court of Appeals’ decision in NetChoice v. Bonta, finding that NetChoice did not demonstrate they were likely to succeed in showing that the majority of California’s Age-Appropriate Design Code Act is unconstitutional. Specifically, the Ninth Circuit vacated the injunction as to the Act’s provisions restricting the collection, use, and sale of children’s data, and the collection of a child’s geolocation information without an obvious sign to the child. 

“We’re pleased that the Ninth Circuit reversed the majority of the district court’s injunction, which blocked California’s Age-Appropriate Design Code Act from going into effect,” said Attorney General Bonta. “The California Department of Justice remains committed to protecting our kids’ privacy and safety from companies that seek to exploit their online experiences for profit.”  

"California enacted this nation-leading law to shield kids from predatory practices. Instead of adopting these commonsense protections, NetChoice chose to sue — yet today, the Court largely sided with us," said Governor Newsom. "It's time for NetChoice to drop this reckless lawsuit and support safeguards that protect our kids’ safety and privacy."

A copy of the appellate court’s decision can be found here.