There are a number of issues presented by the Minor Eraser Law that an operator will need to address prior to the effective date, including:
The amendment also prohibits the advertising and marketing through a website, online service, or online or mobile application targeted to minors of certain adult-oriented products and services that minors cannot legally purchase or use, such as alcohol, aerosol containers/spray paint, etching cream, firearms, ammunition, lottery tickets/shares, fireworks, tanning beds, dietary supplement products, and permanent tattoos. These prohibitions are similar to the Child Protection Registries in Michigan and Utah. Operators of general audience websites and online services or applications that have actual knowledge that minors are registered as users are also subject to the advertising prohibitions. “Actual knowledge” can be obtained by the collection of a user’s date of birth, or the user’s submission of other age identifying information, such as grade or the name of school. Additionally, the operator may not knowingly use, disclose, compile, or allow a third party to use, disclose, or compile the Personal Information of a minor with actual knowledge that the Personal Information will be used to market or advertise prohibited products or services to the minor. This prohibition includes serving online behavioral advertising. An operator will be deemed to be in compliance with the law if the operator takes reasonable actions in good faith designed to avoid the marketing or advertising of prohibited products or services to minors.