New California Bill Fines Retailers For Selling Boys’ And Girls’ Products Separately

Kids fashion

California legislators have presented a new bill that, if passed into law, would penalize retailers $1,000 for selling children's toys, clothing, and other items by gender instead of putting boys and girls products together, a report says.

The legislation, which was both introduced by Democrat Assembly members Evan Low and Cristina Garcia last week, forces retailers to offer their toys, clothing, and other kid-oriented products in a "gender-neutral" fashion, the Christian Headlines reported.

Under CA AB2826 (19R), department stores with more than 500 employees would be subjected to a $1,000 fine if they do not "correct a violation of these provisions within 30 days of receiving written notice of the violation."

Retailers would still be allowed to sell the products they currently have in stock but they would be required to put all the gender-based products together instead of separate sections based on sex.

California-based stores selling products online will also be required to offer products via pages having a collective "kids," "unisex," or "gender-neutral" format.

Low, who originally introduced the bill last year and serves as chair of the Legislative LGBT Caucus, told Politico that his goal in proposing the bill was to set up a "more inclusive" shopping experience for children, despite their gender preferences.

The idea, he added, came from one of his staffers whose young daughter asked, out of curiosity, why one of the toys she wanted to buy was marketed in the boy's section.

"This is an issue of children being able to express themselves without bias," Low argued.

The text of the bill states that "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."

The bill goes on to mandate retailers to hold "one, undivided area of its sales floor" where consumers, specifically kids, can find toys, childcare supplies, and clothing in one place.

If approved, the bill will go into effect on January 1, 2023, and any retailer who fails to comply after the passing of the bill will be fined.

Lawmakers' consideration of the bill comes as thousands of business owners across California were forced to permanently halt their businesses as they struggle to stay afloat because of the ongoing pandemic and the state's draconian restrictions, according to Faith Wire.

Furthermore, the legislation would also have a negative effect on the economy for those who are already struggling to keep their businesses open and would potentially lead to First Amendment violations, Faith Wire added.

But there were several retailer giants who have previously tried to incorporate the "gender-neutral" shopping option in recent years.

Executives at Target, however, announced in 2015 that they would be eliminating the separate sections for bedding and toys, Reasons reported.

The company, at that time, was careful to note that they weren't eliminating all gender distinctions in their store layout and signage, saying that in "some cases, like apparel, where there are fit and sizing differences," gender-based suggestions were appropriate.