A bellwether federal trial began on Tuesday testing whether Meta can be held liable for designing its platforms, Facebook and Instagram, to addict youth users.
The case, In re: Social Media Adolscent Addiction/Personal Injury Products Litigation, is a consolidated multi-district litigation (MDL) under 28 USC 1407. The lawsuit combines claims brought by a coalition of State Attorneys General who sued Meta in 2023. The trial will hear consumer protection claims brought by California, Colorado, Kentucky and New Jersey, along with federal claims brought by 29 states under the Children’s Online Privacy Protection Rule (COPPA). The states argue that Meta violated consumer protection laws by implementing platform features such as infinite scrolling and autoplay which are specifically designed to maximize the amount of time that young users spend on the platforms. The initial complaint filed by Massachusetts notes:
[Meta] has intentionally designed its flagship social media platforms, especially Instagram, to be addictive to youth, preying upon young people’s unique psychological vulnerabilities and overcoming their ability to decide how much time they spend on Meta’s platforms.
The states further allege that Meta has violated COPPA by collecting data from users that were known to be under the age of 13 without first obtaining parental consent.
Prior to the start of trial, Meta petitioned the US Court of Appeals for the Ninth Circuit to block the matter from proceeding to a jury trial, arguing that it was immune under Section 230 of the Communications Decency Act, which shields internet platforms from liability based on their hosted content. The court rejected that argument, finding that Section 230 “provides a defense to liability, not immunity from suit.”
The trial now proceeds before an eight-person jury operating in an advisory capacity under Federal Rule of Civil Procedure 39(c). However, the presiding judge retains sole authority to determine liability and award damages. The states seek civil penalties which have been estimated to be as high as $1.4 trillion. The trial is expected to last for several weeks and will include testimony from Meta CEO Mark Zuckerberg. The case will be closely watched as a bellwether for related suits pending as part of this MDL in addition to parallel state lawsuits and potential future claims against other social media providers.