Dozens of states are suing Meta for directly harming children’s mental health

In a suit filed by 33 attorneys general from all over the U.S., Meta Platforms Inc. is being accused of harming young people and contributing to the youth mental health crisis by knowingly and deliberately designing addictive features on Instagram and Facebook.

The suit claims that Meta routinely collects data on children under 13 without their parents’ consent, which is in violation of federal law. In addition, nine attorneys general are filing lawsuits in their respective states—bringing the total number of states taking action to 41 in addition to Washington, D.C.

“Meta has profited from children’s pain by intentionally designing its platforms with manipulative features that make children addicted to their platforms while lowering their self-esteem,” said Letitia James, the attorney general for New York. “Social media companies, including Meta, have contributed to a national youth mental health crisis and they must be held accountable.”

The suit says Meta uses “unprecedented technologies” to “entice, engage, and ultimately ensnare” youth and teens to its platforms. The complaint says the company is motivated by profit and maximizing its financial gains at the expense of misleading the public about the dangers of its social media platforms: “It has concealed the ways in which these platforms exploit and manipulate its most vulnerable consumers: teenagers and children,” the suit states.

Social media companies are supposed to ban kids under 13 from signing up to their platforms in order to comply with federal regulations, but children have been shown to easily get around those rules—both with and without their parents’ consent—and many kids under 13 have social media accounts.

The lawsuit says Meta knowingly violated the Children’s Online Privacy Protection Act by collecting data on children without informing and getting permission from their parents.

How social media impacts and harms kids

Earlier this year, the Surgeon General released a social media advisory that states kids are at a “profound risk of harm” due to tech giants like Meta using its platforms to perpetuate harmful content.

According to the 25-page advisory, up to 95% of youth between the ages of 13 and 17 report using a social media platform, with more than one-third saying they use social media “almost constantly.” Though the most common minimum age required for social media platforms is 13, nearly 40% of U.S. children between the ages of 8 and 12 use social media.

“For too many children, social media use is compromising their sleep and valuable in-person time with family and friends,” U.S. Surgeon General Dr. Vivek Murthy stated back in May. “We are in the middle of a national youth mental health crisis, and I am concerned that social media is an important driver of that crisis—one that we must urgently address.”

The federal complaint blames Meta for using design choices and practices that take advantage of young users and their susceptibility to addiction: “They exploit psychological vulnerabilities of young users through the false promise that meaningful social connection lies in the next story, image, or video and that ignoring the next piece of social content could lead to social isolation.”

Today, my office and a nationwide coalition of AGs are suing @Meta for harming kids with its platforms and fueling the youth mental health crisis.

We're going to end Meta's behavior and keep our kids safe online. ⤵️ pic.twitter.com/xh9icZvUpG

— NY AG James (@NewYorkStateAG) October 24, 2023

The suit is calling for court orders that prohibit Meta from violating the law and are asking for the company to face financial penalties.

In a statement, Meta expressed “disappointment” over the federal complaint and said the company is committed to “providing teens with safe, positive experiences online, and have already introduced over 30 tools to support teens and their families.”