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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.

Pending US-FL

FL AI Bill of Rights

Establishes an 'AI Bill of Rights' for Floridians including the right to know if communicating with AI, parental controls over minors' AI chatbot access, prohibition on selling user data, disclosure requirements for AI-generated political ads, and protections against unauthorized use of name/image/likeness by AI.

In Effect FI

Finland AI Act

Finland's EU AI Act implementation using decentralized supervision model. Traficom serves as single point of contact and coordination authority. Ten market surveillance authorities share enforcement across sectors. New Sanctions Board handles fines over EUR 100,000.

In Effect HU

Hungary AI Act

Hungary's comprehensive AI law implementing the EU AI Act. Designates the National Media and Infocommunications Authority (NMHH) as the primary supervisory authority, with sectoral regulators for specific domains.

In Effect DK

Denmark AI Act

First EU member state to fully implement the EU AI Act. Designates three competent authorities, establishes penalty framework aligned with EU maximums, and grants inspection/enforcement powers. Does not add material requirements beyond EU AI Act.

All regulations Check if this applies to you

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