Social Media Addiction Trial Update

In late March, juries announced their verdicts in two major social media harm lawsuits. Legal professionals, academics, parents, entrepreneurs and lawmakers are debating and dissecting the implications.

For legal professionals, it’s an opportunity to see the courts establish precedents in a relatively new area of law. For parents, the cases could impact how they help their kids navigate social media.

Let’s take a look at what to expect from appeals and upcoming cases.

Recap of state bellwether case and state attorney general lawsuit

The first two social media addiction trials featured testimony from social media executives such as Mark Zuckerberg and Adam Mosseri. Motley Rice attorneys were heavily involved in the JCCP trial on behalf of a young plaintiff who suffered severe mental health harms caused by social media. The firm represented New Mexico’s Attorney General as outside trial counsel for litigation targeting the endangering and exploitation of minor children within the state.

In re: Social Media Adolescent Addiction (JCCP No. 5255)

The JCCP No. 5255 combines hundreds of similar cases. These allege that social media platforms were designed to be addictive to young users. Rather than focusing on content, plaintiffs’ lawyers argued that features like infinite scroll, filters, notifications and autoplay could harm young people.

In the first bellwether trial of the JCCP:

• The jurors found in favor of the plaintiff, an unnamed woman who alleged that she began using social media at age 7 and suffered mental health issues resulting from the apps’ allegedly harmful design features.
• Meta and Google will split $3 million in compensatory damages 70% and 30%, respectively.
• The jury also awarded $3 million in punitive damages.
• Defendants ByteDance and Snap settled before the trial for undisclosed amounts.

State of New Mexico v. Meta Platforms, Inc. (D-101-CV-2023-02838)

The state of New Mexico alleged that Meta misled consumers about potential harms for young people using its platforms, including the presence of child sexual abuse material and the propensity for Meta’s platforms to introduce young users to potential sexual predators. The state’s lawsuit alleged that Meta’s own employees warned executives about features that were dangerous for children.

• The jury found in favor of the plaintiff (the state of New Mexico) and found that Meta committed 75,000 violations of the New Mexico Unfair Trade Practices statute.
• Meta, the only defendant in the trial, was ordered to pay $375 million in fines.

What’s next in the social media JCCP and MDL?

Meta and Google are likely to appeal the JCCP state court verdict. Both companies believe that removing the problematic features would require massive effort.

Separately, more bellwether trials are on the way for federal multidistrict litigation, including for school districts that allege features of social media platforms harmed students’ mental health. The school district cases also allege that helping students deal with potential social media-related mental health issues has taxed their finite resources.

Additionally, a lawsuit filed by dozens of state attorneys general is scheduled to begin in Feburary 2027. Their lawsuit alleges that Facebook and Instagram violated the Children’s Online Privacy Protection Act.

What’s next in State of New Mexico v. Meta?

The second phase of the trial — known as the remedies phase — began on May 4 to address allegations that Meta’s actions created a public nuisance in violation of New Mexico law and concluded on May 23. The trial involved two claims: the State’s requests that Meta implement changes to its platforms and disclosures as the result of the jury’s findings and the State’s claims that Meta’s conduct in New Mexico contributed to a public nuisance in the state. A loss by Meta in this phase could compel it to make changes to its apps. These changes would aim to make the apps safer for kids.

Meta claimed changes recommended by the New Mexico Department of Justice aren’t feasible. The company said it may block access to its apps to users in New Mexico rather than change its platforms’ features.

A key issue for upcoming social media mental health trials

Section 230 of the Communications Decency Act is central to the arguments in the recent verdicts. And it’s likely to be the epicenter of cases, appeals and commentary to come. 
Key fact: Social media mental health lawsuits could make history
The Supreme Court has never issued a direct, sweeping ruling on the validity of Section 230 of the Communications Decency Act.

Some experts say that Section 230 is a product of a time when online content mirrored print publications. The coming court cases may determine whether social media sites are content creators, platforms for others to act as content creators or a third option that didn’t exist when Section 230 was conceived.

Our social media lawsuit status

Motley Rice attorneys hold leadership positions, including co-lead counsel for the federal social media harm MDL, as members of the MDL’s Science & Expert Committee, and on the Plaintiffs’ Steering Committee for the state-filed JCCP consolidation. We continue to accept clients for the social media mental health lawsuits.

Learn more about our leadership in mass torts.