News For Retailers: New California Law Requires Gender-Neutral Displays For Children’s Items – Consumer Protection

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Retailer News: New California Law Requires Gender Neutral Displays For Children’s Items

October 20, 2021

Duane Morris LLP

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California Governor Gavin Newsom signed the Assembly Bill (“AB”) 1084, which requires retail department stores in California to operate a gender-neutral area starting January 1, 2024, displaying toys and certain childcare items. The new law applies to retail department stores with 500 or more California employees who are physically located in California; it expressly excludes business outside of the state.

Applicable law provides protection from discrimination by business operations in California. AB-1084 requires retail department stores that sell toys or child care items, that is, products designed or intended to facilitate or facilitate sleep, relaxation, feeding or suckling, or teething, to maintain a gender neutral section for “reasonable selection” of these items. The new law does not define “reasonable choice”, it appears to leave that decision to the retailer. The new law also does not specifically prohibit retailers from continuing to display items by gender in a separate area as long as a separate gender-neutral area or area is maintained.

The legislation seems to be aimed at eliminating differences in similar products by showing them closer together. Bill author, Assemblyman Evan Low, stated that AB-1084 aims to “stop the stigma of what is acceptable to certain genders and let children be children” and “allow more businesses in California and the US encourage the reinforcement of harmful and outdated stereotypes “. . “

The new law allows the California attorney general or a district or civil attorney to bring a civil lawsuit against retailers who fail to comply. Violators face civil penalties of up to $ 250 for the first violation and $ 500 for subsequent violations.

To avoid potential lawsuit and the possibility of penalties, large retail department stores that sell toys and child care products in California stores are encouraged to evaluate their toy and child care displays and evaluate possible changes in the next few months before the new law goes into effect.

Disclaimer: This warning has been prepared and posted for informational purposes only and is not offered as legal advice, nor should it be construed as such. For more information, see the firm’s full disclaimer.

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