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Proposed Law Child Protection

CA SB 867

California Senate Bill 867 - AI Chatbot Toy Moratorium Act

Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.

Jurisdiction

California

Enacted

Pending

Effective

TBD

Enforcement

To be determined (likely California Attorney General)

Introduced January 5, 2026. Must pass Senate Rules Committee and policy committees before full vote.

Senator Steve Padilla Official Announcement

Why It Matters

This is the first-in-the-nation attempt to regulate AI chatbots embedded in children's toys. It directly addresses concerns about adaptive AI systems that record and analyze children's voices and behaviors. The 4-year moratorium provides time to develop safety standards while protecting children from potentially harmful AI interactions through toys.

Recent Developments

Introduced January 5, 2026 by Senator Steve Padilla. Expected to face legal challenges on First Amendment grounds from organizations like the Electronic Frontier Foundation (EFF).

At a Glance

Applies to

AI Companion Minors-focused

Who Must Comply

  • Toy manufacturers operating in California
  • Toy retailers selling in California
  • Products defined as toys designed for children 12 years or younger with AI chatbot functionality

Obligations fall on:

Applicability thresholds:

Under 12 years old — Toy with AI chatbot cannot be sold or manufactured for this age group during moratorium

Safety Provisions

  • Bans sale and manufacturing of AI chatbot toys for children under 12 for 4 years
  • Establishes task force to develop safety standards during moratorium period
  • Requires multi-stakeholder input (technologists, parents, ethicists) for standard development
  • Addresses adaptive AI that records and analyzes children's voice and behavioral patterns

Compliance & Enforcement

Key Dates

Jan 1, 2031

Moratorium would end; safety standards would take effect

Penalties

To be determined in final bill text

View on map

California

Focus Areas

Mental health & crisis
Child safety

Cite This

APA

California. (n.d.). California Senate Bill 867 - AI Chatbot Toy Moratorium Act.

Related Regulations

In Effect US-CA

CA AB 489

Prohibits AI systems from using terms, letters, or phrases that falsely indicate or imply possession of a healthcare professional license.

Enjoined US-CA

CA AADC

Would require child-focused risk assessments (DPIA-style), safer defaults, and limits on harmful design patterns. Currently blocked on First Amendment grounds.

In Effect EU

EU DSA Minors Guidelines

Commission guidelines under DSA Article 28(1) establishing measures for online platforms to protect minors, including age assurance, default privacy settings, anti-addictive design restrictions, recommender system safeguards, and protections against grooming and exploitation.

Pending US-IA

IA SF 2417

Establishes requirements and guidelines for conversational AI services including AI disclosure to minors, prohibition on sexually explicit content for minors, prevention of deceptive human-like interactions, and parental controls for children under 13.

Pending US-CO

CO HB 1263

Imposes obligations on conversational AI service operators including minor-user protections, suicide and self-harm protocols, prohibition on emotional dependence and engagement gamification, and annual safeguard reporting.

Pending US-ID

ID Conversational AI Safety

Establishes safety requirements for public-facing conversational AI, including crisis service referrals for suicidal ideation, AI disclosure obligations, and enhanced protections for minors including anti-gamification and content safeguards.

All regulations Check if this applies to you

Last updated February 4, 2026. Verify against primary sources before relying on this information.