The trial will test the four states’ allegations that Meta designed Facebook and Instagram to be addictive to children and teens and misled consumers about the safety of the platforms for young users. It will also address the claims of all 29 states accusing Meta of improperly collecting and using children’s personal data while they used the company’s platforms in violation of federal law.
A coalition of states suing Meta Platforms over claims Facebook and Instagram were designed in ways that harmed young users’ mental health will begin making its case on Tuesday in California federal court in a trial that could reshape some of the most popular apps on the planet.
Attorneys for Colorado, California, New Jersey and Kentucky, who are leading a bipartisan group of 29 states, will give their opening statements before an eight-person jury in Oakland that is serving expressly in an advisory capacity for U.S. District Judge Yvonne Gonzalez Rogers, who will ultimately decide the case.
The trial will test the four states’ allegations that Meta designed Facebook and Instagram to be addictive to children and teens and misled consumers about the safety of the platforms for young users. It will also address the claims of all 29 states accusing Meta of improperly collecting and using children’s personal data while they used the company’s platforms in violation of federal law.
Attorneys for Meta are expected to tell the jury that the company has made a huge effort to keep kids safe online. The company has argued that it has not made misleading statements about safety and the states have failed to present any evidence of actual harm to their residents.
Meta founder and CEO Mark Zuckerberg is expected to testify during the multiweek trial, as is Instagram head Adam Mosseri.
BIGGEST TEST YET
In terms of potential damages and implications for Meta, experts have said the trial is the biggest test yet of youth social media litigation and comes amid a broader reckoning across the globe over social media’s effects on young users.
Meta has said the penalties could be as high as $1.4 trillion, near the company’s market cap of $1.5 trillion. The attorneys general have yet to specify what they are seeking in penalties, but said at a hearing last week that the amount could be closer to $200 billion.
The attorneys general of Colorado, Kentucky, California and New Jersey are also asking the judge to issue an order forcing the company to implement age restrictions, eliminate infinite scroll and make other changes to its platforms nationwide.
In a statement ahead of the arguments, a Meta spokesperson said the states’ claims are unsubstantiated and the company stands by its record of creating strong protections for teens.
“The AGs offer no proof anyone in their states was misled, claim benign features like having an additional Instagram account somehow harmed their residents, and attempt to penalize Meta for industry-wide challenges like age verification,” the spokesperson said. “Rather than sticking to the facts or the law, the states have instead decided to chase an outlandish payout.”
A MULTISTATE INVESTIGATION
The states’ lawsuit, which was filed in 2023, stems from a multistate investigation into Instagram and Facebook’s impact on young users. The investigation was announced following disclosures by Meta whistleblower Frances Haugen, who testified before a U.S. Senate committee in 2021 that the company knew its products could harm young users and how to make them safer, but chose not to make those changes in favor of pursuing higher profits.