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CA SB 867

California Senate Bill 867 - Toys: Companion Chatbots

Prohibits manufacturing, selling, exchanging, possessing with intent to sell, or offering for sale or exchange to a retailer any toy that includes a companion chatbot, where a toy is a physical product designed, marketed or manufactured for use in play by children under 16 years of age. Adds Business and Professions Code section 22604.5, which is repealed on January 1, 2031.

Jurisdiction

California

Enacted

Sep 10, 2026

Effective

Jan 1, 2027

Enforcement

Private right of action under Business and Professions Code section 22605; no agency enforcement mechanism is specified in the act

Approved by Governor Newsom on September 10, 2026 and chaptered the same day as Chapter 189, Statutes of 2026. Adds Section 22604.5 to the Business and Professions Code. Introduced January 5, 2026 by Senator Padilla; passed the Senate 39-0 on May 28, 2026; reported out of Assembly Appropriations 11-0 on August 13, 2026, amended on the Assembly floor on August 27, 2026, and passed the Assembly on August 31, 2026, with Senate concurrence in the Assembly amendments 39-0 the same day. Enrolled and presented to the Governor on September 9, 2026. No urgency clause, so the prohibition takes effect January 1, 2027 under Article IV, Section 8(c) of the California Constitution and remains in effect only until January 1, 2031, on which date the section is repealed.

California Legislative Information: SB 867, Chapter 189, Statutes of 2026 (chaptered text)

Why It Matters

First US state statute to prohibit outright a category of consumer product because it embeds a companion chatbot, rather than regulating the conduct of the chatbot. Notable for the under-16 age line, which is higher than the under-13 threshold common in US child privacy law, and for a fixed four-year sunset that returns the question to the Legislature in 2031.

Recent Developments

Signed September 10, 2026 as Chapter 189, Statutes of 2026. The enacted text differs from the version described when the bill was announced: the prohibition covers toys designed, marketed or manufactured for use in play by children under 16 years of age rather than under 12, and no task force is established by the act. The statute is a standalone prohibition that sunsets by its own terms on January 1, 2031, giving a four-year moratorium from its January 1, 2027 effective date.

At a Glance

Applies to

AI Companion Minors-focused

Who Must Comply

  • Toy manufacturers supplying the California market
  • Toy retailers and distributors selling or offering toys in California
  • Physical products designed, marketed or manufactured for use in play by children under 16 years of age that include a companion chatbot

Applicability thresholds:

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

Safety Provisions

  • Prohibits manufacture, sale, exchange, possession with intent to sell or exchange, and offering for sale or exchange to a retailer of any toy that includes a companion chatbot
  • Defines toy as a physical product designed, marketed or manufactured for use in play by children under 16 years of age
  • Sunsets automatically on January 1, 2031, creating a fixed-term moratorium rather than a permanent ban

Compliance & Enforcement

Key Dates

Jan 1, 2027

Prohibition on manufacturing, selling or offering toys that include a companion chatbot takes effect

Jan 1, 2031

Business and Professions Code section 22604.5 is repealed by its own terms, ending the prohibition

Penalties

$1K/violation

Private Right of Action

Individuals can sue directly without waiting for regulatory action.

View on map

California

Focus Areas

Mental health & crisis
Child safety

Cite This

APA

California. (2026). California Senate Bill 867 - Toys: Companion Chatbots.

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Last updated September 13, 2026. Verify against primary sources before relying on this information.