Chatbot Laws Which laws apply?

California / Toys

SB 867

Toys: companion chatbots

Signed, not yet in effectStarts Jan. 1, 2027

Chatbot Laws · verified Oct. 21, 2026

Until Jan 1, 2031, no one may manufacture, sell, exchange, possess for sale, or offer to a retailer any toy that includes a companion chatbot. A toy is a physical product designed, marketed or made for play by children under 16. Violations carry the same civil liability as the existing companion chatbot provisions.

Who must comply

Any person that manufactures, sells, exchanges, possesses for sale or exchange, or offers to a retailer a toy containing a companion chatbot. 'Companion chatbot' keeps the 22601(b) definition, which excludes customer-service bots, limited video-game features and standalone voice assistants that do not sustain relationships.

What it requires

Minors'Toy' means a physical product designed, marketed or manufactured for use in play by children under 16 years of age.§ 22601(g)
Other dutiesBans manufacturing, selling, exchanging, possessing with intent to sell or exchange, or offering to a retailer any toy that includes a companion chatbot, until the section is repealed on Jan 1, 2031.§ 22604.5(a)-(b)

Enforcement

Enforced byPrivate right of action (a person who suffers injury in fact), under the companion chatbot chapter's civil-action section§ 22605; Legislative Counsel's Digest
Private lawsuitsYes
PenaltiesNew 22604.5 sits in the same chapter as 22605, which lets a person injured by a violation of the chapter sue for injunctive relief, the greater of actual damages or $1,000 per violation, and reasonable attorney's fees and costs.

Key dates

  1. The ban on chatbot toys takes effect
  2. The toy ban ends unless extended
  3. Repeal or sunset: 2031-01-01

Related laws

Sources

  1. Governor Newsom signs the strongest child safety chatbot and social media laws in the nation (Sept 10, 2026) Supports: SB 867 'Toys: companion chatbots' signed Sept 10, 2026.
  2. SB 867 (status), California Legislative Information Supports: Vote counts; approval and Chapter 189 on Sept 10, 2026.
  3. SB 867 (text), California Legislative Information Supports: 22601 definitions, 22604.5(a)-(b) text and repeal date, Digest.
  4. 2026 legislative calendar, California State Senate (official) Supports: Non-urgency statutes take effect Jan. 1 (Cal. Const. art. IV, sec. 8(c)); Aug 31, 2026 last day to pass bills; Sept 30 signing deadline.

Questions

When does California SB 867 take effect?

January 1, 2027: The ban on chatbot toys takes effect. January 1, 2031: The toy ban ends unless extended.

Who does California SB 867 apply to?

Any person that manufactures, sells, exchanges, possesses for sale or exchange, or offers to a retailer a toy containing a companion chatbot. 'Companion chatbot' keeps the 22601(b) definition, which excludes customer-service bots, limited video-game features and standalone voice assistants that do not sustain relationships.

Who enforces California SB 867?

Private right of action (a person who suffers injury in fact), under the companion chatbot chapter's civil-action section. Penalties: New 22604.5 sits in the same chapter as 22605, which lets a person injured by a violation of the chapter sue for injunctive relief, the greater of actual damages or $1,000 per violation, and reasonable attorney's fees and costs.

Can people sue under California SB 867?

Yes. It gives people harmed by a violation a right to sue.