States Step in Where Congress Stalls on AI Safeguards for Kids

2026-06-12 · Source: Tech Policy Press · Field: Legal & Regulatory — Regulatory Affairs & Government Relations, Compliance & Risk Management, Artificial Intelligence & Machine Learning · Depth: Novice, medium

Summary

Florida initiated the first state-led lawsuit against OpenAI in June 2026, alleging ChatGPT's role in a mass shooting and other harms, highlighting a broader societal challenge in holding AI companies accountable. This action follows a Common Sense Media survey revealing 72% of teens use AI companions, with one in three seeking social or emotional support, and several high-profile cases where chatbot interactions were linked to suicides, including a 14-year-old's death in 2024 involving Character.ai. While Congress has advanced bills like the GUARD Act, proposing age-verification and content restrictions, states are actively filling the regulatory void. Since 2025, 49 states and D.C. introduced 464 AI-related bills, with California's SB 243 and Washington's HB 2225 enacting laws requiring AI disclosure, filtering harmful content, and directing users to resources. This state-level momentum occurs amidst a federal push for deregulation under President Trump, though the White House also proposed a framework for minor protections.

Key takeaway

For legal professionals advising tech companies on AI product development, you must prioritize compliance with a rapidly evolving patchwork of state-level regulations, especially concerning minor protections. Federal preemption is uncertain; your strategy must account for diverse state laws like California's SB 243, mandating AI disclosure and content filtering. Proactively integrating robust age-verification and harm-mitigation features into your AI offerings is critical to avoid lawsuits and potential criminal penalties.

Key insights

States are proactively regulating AI chatbots for minors due to federal legislative delays and increasing harm incidents.

Principles

• AI regulation is emerging as a public health issue.
• States can set standards impacting national policy.
• Balancing protection with access is crucial.

In practice

• Implement age-verification for AI chatbot access.
• Filter sexually explicit or self-harm content.
• Require AI chatbots to disclose non-human status.

Topics

• AI Regulation
• Minor Protection
• Chatbot Safety
• State Legislation
• Federal Policy
• Age Verification

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Editorial summary, takeaway, and curation by AIssential. Original article published by Tech Policy Press.