If you’ve been shopping online at Walmart, you may have noticed a new a new pop-up message on your screen. The message warns Virginia shoppers about the collection of sexual and reproductive health data.
“Virginia law requires your consent to collect or use information about your potential or actual purchase of reproductive or sexual health products or services,” it says.

The message is an effect of a newly enacted state law, which was introduced by Sen. Barbara Favola, who represents Arlington. The bill prohibits the collection of reproductive sexual health information without the consent of the customer. It pertains to products such as pregnancy tests, birth control, and abortion medication.
“These are purchases that nobody should know what you are doing, what you are purchasing and why, and I want that privacy ensured,” Favola told NBC4.
But Walmart’s pop-up does not provide an option not to consent to the collection of information. Instead, it tells customers that if they do not consent, they should not view or purchase those items.
“By viewing, searching for, or buying these products or services from our site, or using related features such as the baby registry, you consent to our use of this information to complete your purchase, provide the requested feature, and for general analytics,” it says. “If you do not consent, please avoid viewing, searching for, using, or purchasing these products, services, or features.”
Walmart, Costco Both Have Notices
“I was very surprised and so were a lot of constituents,” Favola told NBC4.
Favola told WTOP that she wrote the law to protect a person’s privacy, especially those who live in states with strict abortion restrictions. She also said that she’s been in touch with Walmart company officials about the the pop-up message.
Costco put out a similar statement, notifying customers that using Costco services means consenting to the processing of personal information. However, it noted that it does not share consumer health data with third parties or use it for targeted advertising.
Favola said she intends to have conversations with the retailers and data experts to determine what amendments to the bill might be needed.
“I’m working with their government affairs people right now. They have a government affairs team in Virginia, and we’ve had conversations these past few days,” she told WTOP.
Feature image, stock.adobe.com