Delaware has joined a bipartisan coalition of attorneys general suing Meta in federal and state courts, alleging that the company knowingly designed and deployed features that addict children and teens on Instagram and its other social media platforms.
At the same time, Meta falsely assured the public that these features are safe and suitable for young users, the AGs allege.
The attorneys general assert that Meta’s business practices violate state consumer protection laws and the federal Children’s Online Privacy Protection Act (COPPA).
Meta said was disappointed that states opted to sue the company and claimed it has taken many steps to improve safety.
“This litigation underscores our office’s commitment to safeguarding some of our state’s most vulnerable citizens—children, teens, and young adults,” said Delaware Attorney General Kathy Jennings. “As the case will reveal, Meta is aware of the unsafe and addictive nature of its products, yet consistently chooses not to implement fundamental safety measures, opting instead to deceive the public. Companies prioritizing profits over the safety of Delawareans will be held accountable, irrespective of their size.”
The complaint, joined by 33 states and filed in U.S. District Court for the Northern District of California, alleges that Meta knew of the harmful impact of its platforms, including Facebook and Instagram, on young people. Instead of taking steps to mitigate these harms, it misled the public about the harms associated with use of its platform, concealing the extent of the psychological and health harms suffered by young users addicted to use of its platforms.
The complaint further alleges that Meta knew that young users, including those under 13, were active on the platforms, and knowingly collected data from these users without parental consent.
In 2021, the Wall Street Journal published stories on how Meta dealt with the issue.
While much of the complaint relies on confidential material that is not yet available to the public, publicly available sources including those previously released by former Meta employees detail that Meta profited by purposely making its platforms addictive to children and teens, a release stated.
It is alleged its platform algorithms push users into descending “rabbit holes” in an effort to maximize engagement. Features like infinite scroll and near-constant alerts were created with the express goal of hooking young users. These manipulative tactics continually lure children and teens back onto the platform. As Aza Raskin , the original developer of the infinite scroll concept, noted to the BBC about the feature’s addictive qualities: “If you don’t give your brain time to catch up with your impulses, . . . you just keep scrolling.”
Meta knew these addictive features harmed young people’s physical and mental health, including undermining their ability to get adequate sleep, but did not disclose the harm nor did they make meaningful changes to minimize the harm. Instead, they claimed their platforms were safe for young users, the suit alleges.
“I am laser-focused on the role that social media plays in intensifying the spread of harmful content and fostering addiction among young people to their platforms,” stated Jennings. “Whether it’s content that promotes self-harm or glorifies crime and violent conduct in our communities, companies must take decisive action to ensure that their websites do not endorse perilous behavior that harms the mental health of its users. When they refuse to take action, our office will pursue them with the full force of the law.”
