VA, 41 States Sue Meta Over 'Addictive' Features They Say Harm Kids

RICHMOND, VA — A lawsuit has been filed by Virginia Attorney General Jason Miyares and 41 other states against Meta Platforms Inc., which owns and operates Facebook and Instagram, claiming that the social media platforms are purposefully addictive for children and teens. At the same time, Meta falsely assured the public these features are safe and suitable for young users, the lawsuit argues.

Virginia is one of 42 states that have filed a federal lawsuit against Meta, alleging the social media giant is responsible for harming young people's mental health and has contributed to a mental health crisis among the country's youth.

The 233-page lawsuit, filed Monday in federal court in California on behalf of the states, including Virginia, claims Meta "knowingly designed" harmful features on Instagram and Facebook that make children and teens addicted to the platform.

“We have a mental health crisis in our country. Everywhere I go — from Loudoun to Lee — Virginians agree that social media presents a new and unique danger to our children. Users know that platforms like Instagram are addicting, especially to children. It’s obvious. But this addictive nature goes beyond just distracting our youth. It’s harmful, has real world implications, and Meta has been flat out disingenuous to the American people,” Miyares said Tuesday. “This lawsuit is about holding big corporations that prioritize financial gain over our children’s wellbeing accountable.”

Additionally, the lawsuit alleges that Meta routinely collects data on children under 13 without informing parents or obtaining parental consent, which is a violation of federal law. A coalition of 32 attorneys general filed the suit; nine additional attorneys general are filing lawsuits in their respective states, bringing the total number of attorneys general taking action against Meta to 42.

In addition to Virginia, Maryland, Pennsylvania, New York, California, Illinois, New Jersey, North Carolina, Wisconsin, and dozens of others joined the coalition to file the suit. Filing lawsuits in their own state courts are the attorneys general of Florida, Massachusetts, Mississippi, New Hampshire, Oklahoma, Tennessee, Utah, Vermont, and the District of Columbia.

The lawsuit also claims that Meta routinely collects data on children younger than 13 without their parents’ consent, in violation of federal law.

In their lawsuit, the collection of other attorneys general maintain that Meta’s business model, which seeks to capture as much user time and attention as possible to sell advertising, has targeted youth, including teenagers and even younger children, in ways that take advantage of them.

Miyares and the other top attorneys claim that Meta designed its social media platforms to include features that exploit young users’ psychological vulnerabilities to keep them using the platforms longer, according to the release. 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 plaintiffs said.

These choices, the complaint alleges, violate state consumer protection laws and COPPA. The federal complaint seeks injunctive and monetary relief to rectify the harms caused by these platforms.

According to the suit, these features include algorithms that are designed to recommend content to keep users on the platform longer and encourage compulsive use, incessant alerts meant to induce young users to return to Meta’s platforms constantly, even while at school and throughout the night, visual filter features known to promote young users’ body dysmorphia.

The lawsuit alleges that Meta violated the federal Children’s Online Privacy Protection Act (COPPA) by collecting the personal information of children under the age of 13 without obtaining parental permission, as required by that statute. The coalition is asking the court to enter an injunction stopping Meta from continuing these unlawful practices.

According to the Centers for Disease Control and Prevention, suicide is the second-leading cause of death among youth between the ages of 10 and 14. During the decade since Instagram’s rise in popularity, the CDC reported that the number of high school students who experience feelings of persistent sadness and hopelessness, and suicidal thoughts and ideation increased by 40 percent. In that same time period, there was a 30 percent increase in the rate of high school girls who attempted suicide, the agency reported.

In a statement to Patch, Meta said, “We share the attorneys general’s commitment to providing teens with safe, positive experiences online, and have already introduced over 30 tools to support teens and their families. We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path.”

In 2021, The Wall Street Journal reported that Meta's own research showed the tech giant knew the harmful effects Instagram had on young people, particularly teen girls. An internal study reportedly found that 13.5 percent of teen girls said Instagram worsened suicidal thoughts. Seventeen percent of teen girls said the platform worsened eating disorders.

This is a developing story and will be updated.