Texas Lawmakers Debate Warning Labels for Social Media

“We want to change the culture,” said Rep. Mary González (D), sponsor of HB-499. “We believe that ... a warning label ... will make you a more conscious consumer.”

The measure would require warning labels on the landing page of social media apps and websites, noting the link “between a minor’s social media usage and significant mental health issues.” The bill states a user will not be able to access the platform without verifying understanding of the warning, and the executive commissioner of the Health and Human Services Commission will adopt rules concerning the form and language of the warning label.

Lauren Gambill, a pediatrician representing the Texas Medical Association and the Texas Pediatric Society, supported the bill but indicated even more is necessary. “We must hold social media companies accountable for their platforms' addictive nature,” she said. “We strongly advocate for restricting data mining of minors’ information. Texas can be the lead in requiring parental consent for data collection, banning harmful targeted advertising and ensuring transparency to protect children."

Through questions from committee members, she said that the warning label is aimed at not just minors, but their parents as well. “[Minors] have a lot of agency and autonomy as well, and so I think it's important for them to see that and to be informed consumers,” Gambill said. But “a huge part of it is parents, because I think parents often have no idea what's accessible to kids in these spaces, and unless it's explicitly outlined, they may have not even the slightest clue.”

Rep. Penny Morales Shaw (D) asked if the label could also include a warning about data mining. “Could the warning label include ‘Warning: your data will be mined. Your information will be sold?’” she asked. “That might even have more of an impact, unfortunately, than a warning for mental health.”

Lyssette Galvan, public policy director for National Alliance on Mental Illness (NAMI) Texas, also testified in favor of the legislation. “While social media is not the sole cause of youth mental health struggles, it is a significant factor that policymakers cannot ignore,” she said. “HB-499 takes an important step toward increasing awareness by ensuring young users and their families are informed of the risk associated with prolonged screen time.”

A 15-year-old high school student also testified in favor of the bill, sharing his struggles with mental health as a result of social media, and noting that former U.S. Surgeon General Vivek Murthy recommended last year that social media companies should display warnings of mental health risks associated with their platforms in a New York Times opinion piece (see 2406170059). In addition, Murthy urged Congress to pass federal legislation reflecting this. In September, 42 attorneys general supported Murthy’s recommendation in a bipartisan letter to Republican House Speaker Mike Johnson (see 2409100031). The student suggested adding the 988 mental health hotline to the warning label, giving minors access to immediate help if they needed it.

Rep. James Frank (R) said he was concerned that the bill was too open-ended as to what the legislature specifically wanted in a warning label. González said she’d develop bullet points about what the bill needs the commissioner to include.

“What the warning label can say is everything from data mining to 988, because data mining is a strategy for deteriorating mental health,” she said. “This bill is about creating more information, so people can be healthy and consumers of what we know they're being targeted for.”

“We know there is a youth mental health crisis,” González said in closing. “We know that, and we have a responsibility to do something. This is not going to solve all the problems, but do we know that warning labels work? It does. It worked on cigarettes; it worked on alcohol.”