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The lawsuit also claims the social media company collected data on children under 13 without their parents’ consent, a violation of the federal COPPA law.

33 states sue Meta, accusing it of harming young people’s mental health

The Meta logo is seen at the Vivatech show in Paris, France, on June 14, 2023. [Photo: Thibault Camus/AP Photo]

BY Bobbie GossageAssociated Pressand Barbara Ortutay2 minute read

As Meta readies to report earnings this week, the social media company behind Facebook, Instagram, Threads, and WhatsApp has been hit with a massive lawsuit from 42 attorneys general in 33 states, including California and New York.

The attorneys general accuse the company of harming young people’s mental health and contributing to the youth mental health crisis by knowingly designing features on Instagram and Facebook that addict children to its platforms. The lawsuit filed in federal court in California also claims that Meta routinely collects data on children under 13 without their parents’ consent, in violation of the federal Children’s Online Privacy Protection Act (COPPA).

“Kids and teenagers are suffering from record levels of poor mental health, and social media companies like Meta are to blame,” said New York Attorney General Letitia James. “Meta has profited from children’s pain by intentionally designing its platforms with manipulative features that make children addicted to their platforms while lowering their self-esteem.”

Earlier this year, the Federal Trade Commission (FTC) proposed sweeping changes to a 2020 privacy order with Facebook, saying the company failed to protect the privacy of kids.

The broad-ranging suit is the result of an investigation led by a bipartisan coalition of attorneys general from California, Florida, Kentucky, Massachusetts, Nebraska, New Jersey, Tennessee, and Vermont. It follows damning newspaper reports, first by The Wall Street Journal in the fall of 2021, based on Meta’s own research that found that the company knew about the harms Instagram can cause teenagers—especially teen girls—when it comes to mental health and body image issues. One internal study cited 13.5% of teen girls saying Instagram makes thoughts of suicide worse and 17% of teen girls saying it makes eating disorders worse.

Following the first reports, a consortium of news organizations, including The Associated Press, published their own findings based on leaked documents from whistleblower Frances Haugen, who has testified before Congress and a British parliamentary committee about what she found.

The use of social media among teens is nearly universal in the U.S. and many other parts of the world. Up to 95% of youth ages 13 to 17 in the U.S. report using a social media platform, with more than a third saying they use social media “almost constantly,” according to the Pew Research Center.

To comply with federal regulation, social media companies ban kids under 13 from signing up to their platforms—but children have been shown to easily get around the bans, both with and without their parents’ consent, and many younger kids have social media accounts.

Other measures social platforms have taken to address concerns about children’s mental health are also easily circumvented. For instance, TikTok recently introduced a default 60-minute time limit for users under 18. But once the limit is reached, minors can simply enter a passcode to keep watching.

In May, U.S. Surgeon General Dr. Vivek Murthy called on tech companies, parents, and caregivers to take “immediate action to protect kids now” from the harms of social media.

—By Barbara Ortutay, Associated Press, with additional reporting by Bobbie Gossage, Fast Company

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