This requirement comes directly from the CTIA (The Wireless Association originally known as the Cellular Telecommunications Industry Association), which states that SMS programs must use age-gating for controlled substances and adult content.
What age-gating is
Age-gating is a verification step where users enter their full date of birth. This ensures that only people above the legal age can subscribe to SMS programs with restricted content.
It prevents underage users from:
Seeing restricted content.
Opting into SMS lists that deliver restricted content.
Core guidelines on age-gating
Restricted content access: Restricted content is limited to consumers 18 and older. For alcohol and certain age-bound products, consumers must be 21 and older, unless explicitly authorized by a parent or guardian.
Strong verification methods: Mobile carriers expect dependable verification methods. You should use birthdate form fields that require a specific month, day, and year. Avoid using weak prompts, like simply asking a user to reply "YES".
What SMS content requires an age gate?
Carriers require age-gating for any SMS program involving SHAFT categories (Sex, Hate, Alcohol, Firearms, and Tobacco). You must age-gate the specific categories that are legal but age-restricted.
Here are the categories that must be age-gated:
Alcohol
Breweries, distilleries, and wineries.
Promotions and events involving alcohol.
Loyalty programs with alcohol rewards.
Firearms
Gun shops for parts.
Shooting ranges.
Firearm safety courses.
Sexual wellness
Sexual health education.
Condoms and safer-sex products.
Non-explicit sexual wellness retail.
STD or STI testing reminders.
Reproductive health clinics.
These sexual wellness topics are allowed on ClickSend because they are health-oriented, non-graphic, and are not considered sexual entertainment.
Enhanced age verification for US messaging
Certain US states, such as Utah, Texas, Louisiana, and Mississippi, require enhanced age verification for digital content considered adult-regulated.
These state laws might require:
Uploading a government-issued ID.
Using third-party age-verification vendors.
Verifying database or transactional data.
Using other identity-based verification methods approved by state law.
These requirements apply based on your subscriber’s location, not where you send the message from.
Because state laws can be stricter than standard CTIA guidelines, a simple age gate may not be enough for subscribers in these areas. Please consult your legal team to ensure your messaging program complies with all local and state-level laws.
Additionally, if your website states that subscribers must be at least 18 years old to purchase, you are expected to have a proper age gate in place.