California Age-Appropriate Design Code Act (AB 2273) ↗
Partially in force. After years fully enjoined, the Ninth Circuit narrowed the injunction on 2026-03-12 (NetChoice v. Bonta, No. 25-2366): the age-estimation and default-high-privacy duties (and related transparency/geolocation/tools provisions) are now enforceable, while the DPIA requirement, the dark-patterns prohibition, and the data-use/profiling restrictions remain enjoined. Case remanded on age estimation and severability.
Regulation-level `in_force` is the honest summary of a split ruling, not a claim that the whole Act is enforceable: the age-estimation and default-high-privacy duties (plus related transparency/geolocation/tools provisions) are enforceable, while the DPIA, dark-patterns, and data-use/profiling obligations carry `enforcement_override: enjoined`. Confidence is `researched` (corroborated by the 2026-03-12 Ninth Circuit opinion and multiple law-firm analyses with section-level detail), but the posture may shift: the case is on remand as to age estimation and severability. Section pins are from a law-firm reading of the opinion, not yet from a line-by-line pass of the codified text.
Scope
AADC-style duty holder: a 'business' (as defined by the CCPA) that provides an online service, product, or feature 'likely to be accessed by children' (under 18), judged by a six-indicator test including whether the service is directed to children, is routinely accessed by a significant number of children, or has design elements known to be of interest to children.
- Applies only to a 'business' as defined by the CCPA, so the CCPA's business thresholds gate coverage.
Penalties
- Model
- Per violation
- Detail
- Civil penalty up to $2,500 per affected child for each negligent violation and up to $7,500 per affected child for each intentional violation; injunctive relief available.
- Enforcer
- California Attorney General
- Private right of action
- No
Key dates
- Signed
- 2022-09-15
- Effective
- 2024-07-01
Obligations (5)
Estimate the age of child users with a reasonable level of certainty appropriate to the risks, or apply the child-protective settings to all users.
Statute’s own ages: Protects all consumers under 18; no narrower statutory subdivision (broader than COPPA's under-13).
Set all default privacy settings offered to children to the highest level of privacy, unless a compelling reason supports a different setting in the child's best interests.
Statute’s own ages: Applies to users under 18.
Complete a Data Protection Impact Assessment before offering a new online service, product, or feature likely to be accessed by children, and address identified risks.
Statute’s own ages: Applies to services likely to be accessed by users under 18.
Do not use dark patterns to lead or encourage children to provide unnecessary personal information or to take actions against their well-being.
Statute’s own ages: Applies to users under 18.
Do not use a child's personal information in ways materially detrimental to the child's well-being, profile a child by default, or collect/share/retain more of a child's data than necessary.
Statute’s own ages: Applies to users under 18.
Litigation history
- 2022-12NetChoice filed suit challenging the CAADCA on First Amendment grounds (NetChoice v. Bonta, N.D. Cal.)→ Enforcement challenged; law not yet operative (operative date was 2024-07-01) source ↗
- 2023-09-18District court (N.D. Cal.) granted a preliminary injunction blocking the entire Act→ Unenforceable statewide source ↗
- 2024-08-16Ninth Circuit (first opinion) affirmed the injunction as to the DPIA requirement and vacated/remanded as to the remaining provisions→ DPIA provisions remained enjoined; the remainder was sent back for narrower analysis source ↗
- 2026-03-12Ninth Circuit (second opinion, No. 25-2366) narrowed the injunction: vacated it as to age estimation, the coverage definition, default-high-privacy settings, geolocation, transparency, and privacy tools; affirmed it as to the DPIA requirement, dark-patterns prohibition, and data-use/profiling restrictions; remanded on age estimation and severability→ Age-estimation and default-high-privacy duties (and related provisions) enforceable; DPIA, dark-patterns, and data-use/profiling provisions remain enjoined source ↗
Cross-state comparisons
- similarca-ab1043 (California): Same jurisdiction and shared goal (protecting minors online), but different mechanisms: the AADC imposes design and age-estimation duties on the service itself, while AB 1043 supplies a device/OS-level age-bracket signal that a service could consume to satisfy age-estimation-style needs.
- similarmd-kids-code (Maryland): Maryland's Kids Code is modeled on this Act (near-identical best-interests/design duties), but the litigation fates diverged: Maryland's has never been enjoined and is fully in force, while the California original is only partially enforceable after NetChoice v. Bonta. A shared implementation covers both, but the enforceable scope differs by state.