California urges holiday shoppers to report stores without ‘gender-neutral’ kids’ section

California Attorney General Rob Bonta is asking holiday shoppers to report retailers lacking a dedicated gender-neutral section for children’s products.

As of January this year, any retailer with at least 500 employees that offers children’s products must create a special section where both boys’ and girls’ items are marketed together. Retailers that do not comply will be fined an initial $250 fee and $500 for every subsequent violation. According to the law passed in December 2023, keeping separate sections for boys and girls is “more difficult for the consumer” and “incorrectly implies that their use by one gender is inappropriate.”

‘Take pictures, document, and file a complaint’

Last week, AG Bonta issued a statement ahead of Black Friday urging consumers to beware of scams and fraud during their holiday shopping sprees. In addition to warning customers about gift card draining and hidden fees Bonta also asked them to report retailers for violating the gender-neutral law.

“Does your department store have a gender-neutral children section? As of January 1, 2024, large retail department stores that sell childcare items or toys must maintain a gender-neutral section for these items,” Bonta said. “Under AB 1084, retail department stores that have physical locations in California and 500 or more employees across all California locations must maintain a gender-neutral section, where a reasonable selection of the childcare items and toys for children that they sell must be displayed, regardless of whether these products are traditionally marketed for boys or girls. By requiring large retailers to maintain a gender-neutral section, AB 1084 makes it more difficult for these retailers to engage in gender-based pricing discrimination and reduces the imposition of gender stereotypes on children.

“If you do not see an adequate gender-neutral product section in a large retail department store in California that you believe is covered by this law, you may take pictures, document, and file a complaint with our office at oag.ca.gov/report.”

According to AB 1084, “Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor.

“Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.”