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9th Circuit Partially Revives California’s Age-Appropriate Design Code, Leaves Key Limits Blocked

The panel said NetChoice is unlikely to prevail on a facial First Amendment challenge to the law.

Overview

  • Vacating much of a prior injunction, the court allowed requirements such as age estimation, privacy-by-default protections, and risk assessments for services likely to be used by minors to move forward.
  • The panel kept blocks on provisions limiting certain uses of minors’ personal data tied to potential harms and on bans of so‑called dark patterns, finding those sections unconstitutionally vague.
  • The case was returned to U.S. District Judge Beth Labson Freeman for further proceedings, leaving enforcement subject to ongoing judicial review.
  • California Attorney General Rob Bonta hailed the decision as a critical win for children’s safety, while NetChoice’s counsel Paul Taske said the group will continue working to strike down the law.
  • Enacted in 2022, AB2273 requires pre‑launch risk reports and mitigation plans and authorizes civil penalties up to $2,500 per child for negligent violations and $7,500 per child for intentional breaches.