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Northern Va. state senator seeks answers from Walmart concerning sexual health products

As Virginia customers of Walmart shop on the company’s website, shoppers are receiving a message telling them they need to provide consent for data collection to search for items including pregnancy tests, birth control items and even a baby registry.

State Sen. Barbara Favola, a Democrat representing Arlington, said the new message is coming in response to a law designed to protect people’s privacy when it comes to sexual health and reproductive information.

Favola wrote the law aimed at providing enhanced privacy concerning this sensitive matter.

She said she is surprised by the pop-up, which reads: “Virginia law requires your consent to collect or use information about your potential or actual purchase of reproductive or sexual health products or services.”

A July 2025 screenshot of an automatic pop-up when visiting Walmart.com. (Screenshot by Charlotte Rene Woods/Virginia Mercury)

It goes on to say that viewing, searching and buying the products all constitute consent, and then concludes: “If you do not consent, please avoid viewing, searching for, using or purchasing these products, services or features.”

“I have constituents who really feel that their purchases related to reproductive health care or sexual health care should be absolutely private,” she said. “What are they going to do with that data? Why is this so over-encompassing?”

Costco has a similar message, but Favola said it is less intrusive. It sent an email to members telling them if they purchase reproductive and sexual health care products, they are giving consent, but Costco said it will not sell or share consumer health data to third parties.

Favola said she wrote the law to protect a person’s privacy, especially those who live in states with strict abortion restrictions, and that information could be used to prosecute someone who obtains abortion medication out of state.

She said since the pop-up went on the Walmart website, she has been in contact with company officials about it.

“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 said.

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