California Attorney General Rob Bonta issued a list of suggestions Nov. 26 for shoppers to avoid scams during the holiday season and requested consumers file reports about department stores that lack gender-neutral children’s sections.
State law, established by the passage of Assembly Bill 1084 in 2021, which took effect at the beginning of 2024, requires department stores with at least 500 employees across California locations to offer children’s sections that do not separate items based on gender.
“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,” the attorney general’s office wrote in a statement.
Violators face fines of $250 for the first offense and $500 for any subsequent instances.
Bonta is asking shoppers to take pictures and file complaints against stores that are failing to comply.
Standards of compliance, however, are flexible, with ambiguity written in the text of the law, according to consultants with the state Senate Judiciary Committee in a Legislative analysis published in 2021.
A “reasonable selection” of items must be included in gender-neutral sections, though the term is not defined, and labeling of sections is at the retailer’s discretion.
The law does not specify a required size or square footage calculation for the section, where the items should be located, or how shoppers will know if they’re viewing gender-neutral items.
Keeping products in gender-neutral displays allows consumers to more easily identify “unjustified differences” in price, according to declarations included in the law.
Assemblyman Evan Low, the bill’s author, said the law makes “all kids feel welcomed.”
“A generally labeled area allows for a freer shopping experience for both children and the guardians to shop for the items the children would like to purchase without societal pressures,” he said in legislative analyses. “This is about kids not feeling bad about what they choose to purchase because of the store section it was purchased from.”
Some organizations that supported the legislation said the law is an example of California’s leadership on progressive issues.
“California, leading this issue, will have a profound impact on individuals and society as a whole that is rooted in gender stereotypes, limiting growth and potential,” the Phluid Project, a gender-neutral clothing company and supporter of the bill, said in a statement. “AB 1084 will not only help create a more inclusive space for nonbinary and transgender youth but will have a profound impact on gender stereotypes.”
Opponents said the law is an overreach and could be challenged in court.
“Parents do not need politicians’ help to pick out appropriate toys for their children,” the Pacific Justice Institute, a nonprofit legal defense organization, wrote the Legislature.
Other critics said businesses have a right to decide how best to display merchandise.
In further opposition to the bill, the California Family Council writes:
“A bill like this opens the door to a never-ending number of complaints from activist groups who don’t like the way stores are marketing their products to one sex or another,” the California Family Council—a faith-based nonprofit—said in a statement.
Market forces are more efficient at meeting consumer needs than are government regulations, the group argued.
Shoppers encountering different prices for similar goods marketed for men and women are also asked to report the discrepancies.
Assembly Bill 1287, passed in 2022 and effective last year, outlawed the so-called “pink tax” where items such as razors are priced higher for women than for men.
Holiday Shopping Tips
With Black Friday fast approaching and millions of shoppers expected in stores across California in coming weeks, the state’s attorney general said scammers are working overtime looking for opportunities.“As the holiday season approaches and folks look for the best deals, consumers should slow down and check their safety list twice,” Bonta said in a statement. “I urge Californians to know their rights, familiarize themselves with shopping pitfalls, and report scams and illegal activity to my office and local law enforcement agencies.”
He highlighted one common scheme. Some thieves have taken to documenting numbers and information from unpurchased gift cards and then immediately using the card once it is paid for, leaving unwitting consumers with a card holding no value.
Those purchasing gift cards should ensure that packaging is sealed, and the pin number is completely covered by protective material.
Bonta also said shoppers should beware of hidden fees and report all instances after discussing compliance with offending businesses.
“Check your receipts,” his office wrote in a statement. “In California, most hidden fees are illegal.”
Hidden fees are prohibited by Senate Bill 478, which took effect July 1 and requires all businesses to advertise prices inclusive of all fees, excepting taxes and shipping charges.
Restaurants and other food establishments can levy health care fees and other charges, but they must be clearly displayed on menus.
