Landmark trial opens over Meta's alleged harm to children

A federal trial opened Tuesday in Oakland, California, with lawyers for four US states accusing Meta of deliberately designing Instagram and Facebook to hook and exploit children, in what experts have called social media's "big tobacco moment." The case, seen as the first federal trial in what is expected to be a wave of lawsuits against major social media companies, pits a coalition of 29 states against the tech giant over allegations that it made its platforms addictive to young users while misleading the public about their safety.

California, Colorado, Kentucky, and New Jersey are running the jury case on behalf of the broader coalition. In opening statements, Megan O'Neill, deputy attorney general for California, described Meta's business model as one intended to "hook the users, hold them for as long as they can, harvest their data, and then hide the truth from the public." She told jurors that Meta knew about children's developing brains—"constantly seeking rewards, sensitive to social feedback, developing impulse control"—and pointed to internal documents, including a study titled "The young ones are the best ones," alleging that for the company, "kids are the product."

O'Neill also showed jurors an internal email sent to Instagram head Adam Mosseri that said "teen time spent" was the company's goal, and said Meta employees viewed Instagram as a "drug" and themselves as "pushers." The states' 233-page claim, filed in 2023, makes four key allegations: exploitative and addictive product design (including infinite scroll, autoplay, push alerts, filters, and "likes"), concealment of internal research linking Instagram use to increased depression, anxiety, body image issues, and self-harm among teens, violations of the Children's Online Privacy Protection Act by harvesting data from children under 13 without verifiable parental consent, and violations of state consumer protection laws.

The states are seeking around $200 billion in civil penalties, though lawyers have told the judge potential damages could reach $1.4 trillion. They also demand court-ordered changes to Meta's platforms, such as removing infinite scrolling for young users and imposing age restrictions.

Meta's defense and safety measures

Meta rejects the accusations. In opening remarks, company lawyer Paul Schmidt said there was "no dispute" that some users struggle with social media, but argued the company had "tried to come up with tools to help them." Schmidt cited research showing no clear association between adolescents' social media use and their well-being, and said Meta takes children's mental health seriously.

The company points to a range of safety features it has introduced over the years. Instagram users have always been able to block others, and the app has gradually added features for reporting problematic accounts and inappropriate content. In 2016, users gained the option to delete or filter offensive comments, and later warnings prompted users to reconsider posting potentially harmful content, along with options to limit comments and tags. Meta says it prevents adults from starting private chats with teens if they are not already connected, has increased checks to ensure users under 13 aren't online, and posts warnings and resources on suicide, self-harm, and eating disorders in Instagram search results. In 2024, the company launched "Teen Accounts" as a safe space, aligning photo and video restrictions for teen accounts with a PG-13 movie rating unless parental permission is given.

Key witnesses and expected testimony

Former Meta engineering director Arturo Bejar, a whistleblower, testified that during Facebook's early years, safety or security was often an afterthought. Meta attempted to block Bejar from testifying, but the judge denied that move.

In its second week, the trial heard from George Volichenko, a former Instagram employee, who testified Monday, according to MLex, that Meta's teen-safety team lacked leadership support. Volichenko said he left Meta in 2023 after concluding the team served, in part, as protection against future lawsuits rather than as an effective safeguard. Jurors also heard from psychologist Jean Twenge, who defended her research linking heavy social-media use to mental-health harms, while Meta's attorneys challenged her methodology and her work as a paid expert.

Instagram CEO Adam Mosseri is expected to testify, according to the office of California Attorney General Rob Bonta. Mosseri, who became Instagram's chief in 2018, previously testified in a Los Angeles trial in February where a jury ordered Meta and Google to pay $6 million to a 20-year-old woman who became addicted to Instagram and YouTube as a child, finding the companies negligent. In that trial, Mosseri disputed suggestions that Instagram did not care about children's safety, saying its products and policies evolve and "we try to focus on the most important issues."

Meta CEO Mark Zuckerberg is also expected to testify later in the trial, though Attorney General Bonta declined to confirm that.

Broader legal context

The trial is one of several recent legal actions against Meta. Earlier this month, a New Mexico judge ordered Meta to pay $567 million to address teenagers' mental health, and Tennessee is pursuing a similar case in Nashville.

Experts draw parallels to the tobacco litigation of the 1990s. Vincent Joralemon, a director at Berkeley's Life Sciences Law and Policy Center, compared the case to that era, noting that tobacco companies have paid over $176 billion since the 1998 settlement. Colorado Attorney General Phil Weiser said states are intervening where "Congress failed to act," framing the case as a matter of "public health, and in some cases, marketing to kids that hurt kids."

The trial is expected to last six to eight weeks, with a verdict expected by October. The eight jurors will issue an advisory verdict, but the final decision rests with Judge Yvonne Gonzalez Rogers. Outside the courthouse, Lori Schott, a mother whose child was allegedly driven to suicide by social media, called out Zuckerberg and Mosseri, saying "power does not excuse harm."

Perspectives

States (California, Colorado, Kentucky, New Jersey, and coalition): Argue Meta deliberately designed addictive features, misled the public about harms, and violated privacy laws, seeking billions in penalties and platform redesigns.

Meta: Denies allegations, says it invests in teen-safety features and parental controls, and cites research finding no clear causal link between social media use and well-being.