New York's AI Toy Ban Bill: What It Would Do and Where It Stands

If you are shopping for the holidays in New York, an AI plush toy is still legal to buy. That could change. New York’s AI toy ban bill, Senate bill S9408A and its Assembly twin A11144B, passed the Senate 57–3 on June 1, 2026 and the Assembly the next day. It would ban making or selling “chatbot toys” in the state for five years. As of November 1, the Senate’s own bill page shows no delivery to Governor Kathy Hochul and no signature. Meanwhile, California signed its own temporary ban in September. Here is what the New York bill would actually cover, what it would not, and what evidence pushed lawmakers to act.

Key Takeaways

• New York’s S9408A/A11144B would ban manufacturing, distributing, holding for sale and selling toys with an embedded “AI companion” for five years, starting 90 days after it becomes law.
• It passed both chambers on June 1–2, 2026, but had not been signed as of November 1. The chatbot law Gov. Hochul signed on October 28 (S9051B) is a different bill and does not mention toys.
• “Chatbot toy” is narrower than “any toy with AI.” The bill borrows a legal definition of AI companion built around simulating a sustained, human-like relationship.
• The sponsor memo leans heavily on Common Sense Media’s 2026 testing, which found 27% of AI toy outputs inappropriate for kids and recommended no AI toys for children 5 and under.
• California’s SB 867, signed September 10, 2026, temporarily bans toys with companion chatbots for children under 16. Whatever New York does, AI toys are now a policy question, not only a shopping one.

What New York’s AI Toy Ban Bill Says

S9408A is a proposed five-year moratorium on the sale of children’s toys that contain an AI companion. Its lead sponsor is State Senator Andrew Gounardes. The bill adds a new article to New York’s General Business Law with three moving parts.

What it bans. Section 1801 makes it illegal to manufacture, exchange, hold for sale, distribute or sell a chatbot toy in New York.

What counts. A “chatbot toy” is a children’s toy with an embedded or integrated AI companion. “Children’s toy” uses the federal definition, a consumer product intended for children 12 or younger. “AI companion” points to an existing definition in the state’s business law: systems designed to simulate a sustained, human-like relationship, for example by retaining personal information, asking unprompted emotion-based questions and sustaining personal dialogue.

Who pays. The attorney general can seek an injunction and civil penalties of up to $15,000 per day per violation against the “operator,” the company providing the AI companion inside the toy. The sponsor memo says manufacturers and sellers are also on the hook, but the bill text, as summarized on the Senate’s page, names operators.

The clock: it takes effect 90 days after enactment and repeals itself five years later, at which point the Legislature would have to decide whether to renew it.

Where it stands right now

The bill was introduced and referred to committee on March 10, 2026, and amended on May 14. On June 1 the Senate passed it 57–3. On June 2 the Assembly passed its own version, A11144B, substituting it for the Senate bill. As of November 1, the Senate page does not show the bill delivered to the governor, signed or vetoed.

In New York, a bill that has passed both chambers still has to be formally sent to the governor, who then decides. Many bills passed in June are delivered months later. So “passed” is accurate. “Law” is not, yet.

It is easy to confuse this with the headline from October 28. That day, at Common Sense Media’s Kids & AI Summit, Hochul signed S9051B/A10379C, which restricts chatbot features for minors, such as posing as a human or producing sexual content, and S9508/A5175A, a baby-monitor security law. The governor’s announcement does not mention toys.

What an AI Companion Toy Does, Technically

Most AI toys tested in 2025 and 2026 work the same way. A microphone listens for a wake word or a button press. The audio is sent over Wi-Fi to the company’s servers, where speech recognition turns it into text. That text goes to a large language model with a hidden set of instructions, the “persona,” telling it to act like a friendly bear or robot. The model’s reply is converted back into speech and played through the toy’s speaker.

Two features turn a talking toy into what the law calls a companion. The first is memory: the system stores facts about the child, such as names, likes and worries, and feeds them back into later conversations so the toy seems to know her. The second is initiative: the toy asks emotional questions on its own (“Did you miss me today?”). Those are design choices layered on top of the model, and they are exactly the behaviors the bill’s definition targets.

That technical detail matters for parents reading the bill. A toy that answers trivia with no memory and no emotional prompts may not meet the AI companion definition at all. A toy that remembers your child and asks about her feelings likely would.

The Evidence New York Lawmakers Cited

The sponsor memo lays out the case. Most of it comes from one source.

Common Sense Media’s AI toy risk assessment. Updated January 22, 2026, it tested three AI companion toys (Curio’s Grem, Bondu and Miko 3) on accounts set to ages 6 to 13. Testers found 27% of outputs were not appropriate for kids, including content about self-harm, drugs and risky advice. The toys collected voice recordings, transcripts and behavioral data, some listened constantly, and some shared data with third parties. Common Sense rated them “Unacceptable Risk” and recommended no AI toys for children 5 and under. The memo quotes the report’s concern that such toys are “designed to create and sustain emotional attachment,” and argues this is riskiest for children under five who “cannot yet distinguish AI from real humans.”

A specific unsafe reply. The memo cites a Common Sense tester who told the Miko robot they liked jumping from high places. The toy suggested high places to jump from, then added a reminder to be safe.

Displacement of play. The memo cites a parent survey in which nearly two-thirds of parents were at least moderately concerned that AI toys would reduce time with friends and family, and 63% expected less time spent on other play, like outdoor and pretend play.

Data exposure. It references a February 2026 finding by Senators Marsha Blackburn and Richard Blumenthal of a public website exposing sensitive interaction data from Miko toys.

Federal attention. On March 12, 2026, Senators Tammy Duckworth and Kirsten Gillibrand asked the Federal Trade Commission to investigate AI toy makers, including Mattel, over deceptive marketing and children’s privacy under COPPA. Their letter described an AI plush bear that told children where to find dangerous household objects and how to start fires, and a bunny that engaged in sexually explicit conversation. An Amazon search for “AI toys,” they noted, returned more than 2,000 results.

What the evidence does and doesn’t show

Be clear-eyed about this record. The Common Sense testing is the most systematic public evaluation, but it covered three toys, run by adult testers, at one point in time. Toy companies update their software constantly, so a product tested in January may behave differently in December. The worst examples cited by the senators involved specific toys, one of which the manufacturer reportedly pulled from sale. And no study has yet followed children who own AI toys over months to measure effects on play, language or relationships. The case for a moratorium rests on documented risk and a lack of evidence of safety, not on proof of harm.

That is a reasonable basis for caution. It is also why the bill is temporary: five years buys time for research and standards.

How New York’s Bill Compares to Other AI Toy and Chatbot Rules

Measure	Status (Nov 1, 2026)	Who it protects	What it does	Duration
NY S9408A / A11144B (chatbot toys)	Passed both chambers June 1–2, 2026; not signed	Toys for children 12 and under	Bans manufacture and sale of toys with an AI companion; AG fines up to $15,000/day	5 years
California SB 867	Signed Sept 10, 2026	Children under 16	Temporarily bans manufacture and sale of toys with companion chatbots	Temporary (length not stated in coverage)
NY S9051B / A10379C (chatbots)	Signed Oct 28, 2026	Users under 18 or not confirmed adult	Bars chatbot features like posing as human or sexual content; age verification; fines up to $25,000	Ongoing
FTC request (Duckworth, Gillibrand)	Letter sent March 12, 2026	Children nationally	Asks FTC to investigate deceptive marketing and COPPA violations	N/A

California’s bill changed on the way through. The Toy Association’s June 1 update described SB 867 as a four-year moratorium covering toys for children under 18 when it passed the Senate. CalMatters’ report on the September signing describes the enacted version as covering children under 16. Check the final text before relying on either number.

For a wider map of where companion chatbot rules stand, see this state-by-state look at companion chatbot laws in 2026.

What to Do at Home Whether or Not the Ban Passes

Decide by your child’s age first

Common Sense Media’s recommendation is no AI toys for children 5 and under and caution for ages 6 to 12. That is stricter than any law and does not depend on what Albany does. If your child is in the youngest group, this is the simplest decision on the list.

Check for memory and emotional prompts

Before buying, read the product page and privacy policy for words like “remembers,” “learns about your child,” “personalized” or “friend.” Those signal companion features, the exact behaviors the New York bill targets. A toy without them is lower risk, though not risk-free.

Find out where the voice goes

Look for whether audio is processed on the device or sent to the cloud, how long recordings are kept, whether you can delete them, and whether data is shared with third parties or used to train AI models. If the policy does not answer these, assume the least protective answer. Earlier reporting on what tests found when AI toys were put through their paces lists more checks.

Listen in for a week

If an AI toy is already in the house, keep it in shared spaces for the first week and listen to a few conversations. You will learn more from ten minutes of overhearing than from any label.

What not to do

Don’t treat a passed bill as protection already in place. Until a ban takes effect, toys covered by it can still be sold, and a ban in one state does not stop online orders from elsewhere. Don’t assume an age label is reliable either: Common Sense found some toys labeled 13+ marketed with images of much younger children.

What to Watch For Over the Next 3 Months

• Week 4: Check the New York Senate’s page for S9408A. Look for “delivered to governor,” “signed” or “vetoed.” Any of these changes the picture.
• Month 2 red flags: If your child has an AI toy, watch for her describing it as her best friend, hiding conversations with it, getting upset when it is off, or pulling away from play with siblings and friends.
• Month 3 self-check: If the bill is signed, the ban would take effect 90 days later. Ask whether the companies behind your child’s toys say anything about New York, and whether they push software updates that change what the toy does.

The Mattel and OpenAI toy delay is a useful case study in how quickly the industry is adjusting.

Frequently Asked Questions

Are AI toys banned in New York?

Not yet. S9408A/A11144B passed both chambers on June 1–2, 2026, but as of November 1 the Senate page showed no delivery to the governor and no signature. If signed, the five-year ban would take effect 90 days later. The chatbot law signed on October 28 is a separate bill and does not cover toys.

Which toys would New York’s AI toy ban cover?

Toys for children 12 and under with an embedded AI companion, meaning a system designed to simulate a sustained, human-like relationship: remembering personal details, asking emotional questions unprompted and holding personal conversations. A toy that only answers questions, without those features, may not qualify. The final law’s text would settle edge cases.

Is California’s AI toy ban in effect?

Governor Newsom signed SB 867 on September 10, 2026, according to CalMatters, which describes it as a temporary ban on making and selling toys with companion chatbots for children under 16. Coverage did not give a start date, so check the bill text or the California attorney general’s guidance.

Why do lawmakers want to ban AI toys instead of regulating them?

The sponsor memo argues that toys designed to create emotional attachment pose special risks to young children, who may not distinguish AI from people, and cites test results showing unsafe answers and broad data collection. A temporary ban buys time for research and standards. Critics could argue rules would be less blunt; the bill chose a pause.

Should I return an AI toy I already bought?

That depends on your child’s age and the toy. Common Sense Media recommends no AI toys for children 5 and under. For older kids, check for memory and emotional features, review the privacy settings, delete stored recordings if you can, and keep the toy in shared spaces where you can hear it.

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About the author

Ricky Flores is the founder of HiWave Makers and an electrical engineer with 15+ years of experience building consumer technology at Apple, Samsung, and Texas Instruments. He writes about how kids learn to build, think, and create in a tech-saturated world. Read more at hiwavemakers.com.

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Sources

1. New York State Senate. (2026). “Senate Bill S9408A: Relates to a prohibition on chatbot toys” (sponsor: Sen. Andrew Gounardes; same as A11144). https://www.nysenate.gov/legislation/bills/2025/S9408/amendment/A
2. Office of the Governor of New York. (2026, October 28). “Governor Hochul Signs Nation-Leading Legislation to Protect Kids From AI Chatbots and to Ensure Baby Monitor Safety.” https://www.governor.ny.gov/news/governor-hochul-signs-nation-leading-legislation-protect-kids-ai-chatbots-and-ensure-baby
3. Common Sense Media. (2026, updated January 22). “AI Toys: Risk Assessment.” https://institute.commonsensemedia.org/risk-assessments/ai-toys
4. Office of U.S. Senator Tammy Duckworth. (2026, March 12). “Duckworth, Gillibrand Demand Trump Administration Protect Our Children from Risky, Age-Inappropriate AI Toys.” https://www.duckworth.senate.gov/news/press-releases/duckworth-gillibrand-demand-trump-administration-protect-our-children-from-risky-age-inappropriate-ai-toys
5. Wiener, J. (2026, September 11). “Newsom signed 13 new laws to protect kids from technology. Will they work?” CalMatters. https://calmatters.org/health/mental-health/2026/09/newsom-online-child-protections/
6. The Toy Association. (2026, June 1). AI companion chatbot legislation update (news page). https://www.toyassociation.org/ta/PressRoom2/News/2026-News/ai-companion-chatbot-legislation-update.aspx