What changed between these versions
A small clarification and scope adjustment. The short title was updated to include the year, and the definition of "social media platform" was refined to include a new exclusion for content-driven sites while adding a rule of construction. Additionally, the scope of entities to be consulted and reported on was expanded to include treatment providers and substance use researchers.
Overview
A handful of changes across two sections. · v2 clarifies the scope of the report and consultation, and refines the definition of "social media platform" while adding a specific rule of construction.
The primary change is a refinement of the "social media platform" definition, introducing a new exclusion for platforms primarily featuring preselected content with incidental interactive functionality, alongside a clarifying rule of construction. Additionally, the bill's short title was updated to include the year, and the scope of stakeholders for consultation and entities whose measures are to be reported on was broadened to include treatment providers and substance use researchers. The core requirement for the FTC report on fentanyl access for minors remains unchanged.
Major additions
A new provision clarifying that the exclusion for content-driven platforms with incidental interactive features (added in Section 2(d)(6)(B)(iii)) does not prohibit the Commission from including such platforms in its report on minors' access to fentanyl.
This addition ensures that even if a platform technically falls under the new exclusion, the FTC still has the authority to investigate and report on fentanyl access through its interactive features, preventing a potential loophole.
Modifications
Updates the official name of the Act to include the year of its introduction, providing more specific identification.
Before
The Act was cited as the "No Fentanyl on Social Media Act".
After
The Act is cited as the "No Fentanyl on Social Media Act of 2026".
Requires the FTC report to specifically consider and include measures taken by treatment providers, broadening the scope of information gathered on responses to fentanyl access.
Before
The report was to include "Other measures taken by law enforcement, the medical community, and others" to address fentanyl access issues.
After
The report is to include "Other measures taken by law enforcement, the medical community, treatment providers, and others" to address fentanyl access issues.
Ensures a more comprehensive range of expertise, specifically from substance use treatment and research fields, is considered during the development of the report, potentially leading to more informed recommendations.
Before
The Commission was required to consult with stakeholders including parents, social media platforms, law enforcement, medical professionals, and other relevant experts.
After
The Commission is required to consult with stakeholders including parents, social media platforms, law enforcement, medical professionals, licensed or certified substance use treatment providers, substance use researchers, and other relevant experts.
The change in wording from "public-facing website" to "website, online service, online application, or mobile application" combined with the removal of "public-facing" from the initial description, slightly broadens the descriptive language but maintains the core focus on platforms serving the public and providing user-generated content.
Before
Defined "social media platform" as a "public-facing website, internet application, or mobile internet application, including a social network or video sharing service that (i) serves the public; and (ii) primarily provides a forum for user-generated content..."
After
Defines "social media platform" as "a website, online service, online application, or mobile application that (i) serves the public; and (ii) primarily provides a forum for user-generated content..."
Narrows the scope of platforms explicitly covered by the definition, potentially excluding certain news sites, streaming services, or content portals where user interaction is secondary to the provider's preselected content.
Before
Excluded broadband internet access service providers and electronic mail from the definition of "social media platform."
After
Excludes broadband internet access service providers, electronic mail, and a new category: websites, online services, online applications, or mobile applications that consist primarily of non-user-generated content with incidental chat, comment, or interactive functionality.