Industry warns against social media mental‑health warning labels included in DE2; staff say MDH will develop guidelines

A provision in the DE2 would direct the Minnesota Department of Health to develop guidelines for a mental-health warning label that social media platforms must display. Committee members and staff said the item appears in the DE2 because the content of the proposed label assigns duties to MDH to develop the guidance.

Tyler Diers (TechNet), a trade association representative, testified in opposition, citing legal and practical concerns. Diers argued compelled labeling raises First Amendment issues and said the provision’s implementation—requiring users to click an acknowledgment each time they visit a platform—would create “consent fatigue” and may be counterproductive.

Committee members asked staff to point to bill text. Nonpartisan staff noted the DE2 language (subdivision 2 at page 116) directs the commissioner of health to develop guidelines for the warning label and that MDH would consult with Commerce in that process. Representative Nadeau and other members pressed staff for specifics about why the provision appears in the health bill; staff said the label content and the guidance duty bring it within MDH’s role.

Representative Bonner described labeling as a potential “first step” toward addressing harms from social media and urged the industry to work with the Legislature on product design and mitigation efforts. The industry witness said TechNet does not represent the views of all member companies and that some member companies have different views.

Ending: The committee heard opposing views from industry and some members who support a regulatory approach for online harms. The DE2 language assigns responsibility to MDH to develop guidelines; staff explained the agency‑consultation requirement and committee discussion closed without a vote.