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District Court Enjoins Enforcement of the California Age-Appropriate Design Code Act

By Natalie Maas & Bryan Ramirez on March 15, 2025
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On March 13, 2025, the U.S. District Court for the Northern District of California issued an order granting NetChoice’s preliminary injunction against the entire California Age-Appropriate Design Code (CA AADC). The court held that NetChoice is likely to succeed on the merits of its facial First Amendment challenge because CA AADC is content-based, and it likely fails strict scrutiny. It is yet to be seen whether California will appeal; however, this order has the potential to be persuasive in challenges of other AADC-style state laws.

CA AADC was signed into law on September 15, 2022, and was scheduled to go into effect on July 1, 2024. CA AADC created obligations for online products and services that are “likely to be accessed by children.” Among its requirements, CA AADC would require businesses to conduct impact assessments, provide certain privacy protections by default, conduct age estimation of all users, and restrictions on the use of dark patterns.

Below are some key takeaways from the court’s ruling:

  • Facial Challenge Based on the Coverage Definition
    • The court concluded that NetChoice demonstrated a likelihood of success on the merits of its First Amendment facial challenge. In doing so, the court relied on the 2024 U.S. Supreme Court decision in Moody v. NetChoice, which clarified the standard to evaluate a facial First Amendment challenge.
    • The court explained that CA AADC is content-based on its face because evaluating whether a “business’s offerings are likely to be accessed by children unavoidably requires an evaluation of content.” Therefore, the court determined that the law is subject to strict scrutiny, which it likely fails because it does not serve a compelling state interest nor is it narrowly tailored.
  • Facial Challenge to Individual Provisions: The court concluded that NetChoice is likely to prevail on a facial challenge on First Amendment grounds to the requirement to enforce certain terms and policies and the requirement to conduct age estimation or treat all users as minors.
  • Vagueness: The court concluded that NetChoice is likely to prevail on its vagueness challenge to the (i) requirement to enforce certain terms and policies, (ii) restrictions on how the business can use personal information of children, and (iii) restrictions on dark patterns. The court explained that CA AADC “provides no guidance” on terms where “reasonable minds may differ” such as “detrimental” to a child’s “physical health, mental health, or well-being.”
Photo of Natalie Maas Natalie Maas

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory…

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory and compliance issues.

Natalie also maintains an active pro bono practice, with a particular focus on health care and reproductive rights.

Read more about Natalie MaasEmail
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Photo of Bryan Ramirez Bryan Ramirez

Bryan Ramirez is an associate in the firm’s San Francisco office and is a member of the Data Privacy and Cybersecurity Practice Group. He advises clients on a range of regulatory and compliance issues, including compliance with state privacy laws. Bryan also maintains…

Bryan Ramirez is an associate in the firm’s San Francisco office and is a member of the Data Privacy and Cybersecurity Practice Group. He advises clients on a range of regulatory and compliance issues, including compliance with state privacy laws. Bryan also maintains an active pro bono practice.

Read more about Bryan RamirezEmail
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  • Posted in:
    Privacy & Data Security
  • Blog:
    Inside Privacy
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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