New Hampshire, Other States Sue Meta Platforms; Say Facebook, Instagram Harm Children

CONCORD, NH — The New Hampshire Attorney General, along with dozens of other state attorneys general, is suing Meta Platforms, claiming the company has designed features on its platforms to make children become addicted to the sites.

In a filing in Merrimack County Superior Court, Attorney General John Formella said both Facebook and Instagram were “purposefully designed” to include algorithms “to ensure maximum time spent on the platform, infinite scrolling, and ephemeral content.” When children attempt to escape from using the platforms, Meta “bombards them with regular alerts that are intentionally designed to lure them back.” These and other features work together “to exploit the developmental vulnerabilities of children and trap them into never-ending use that the social media giant knows harms their mental health and wellbeing.”

Formella said state officials should not allow the company to profit from harming children. He said the company knows children’s minds are developing and making them “particularly vulnerable to manipulative design techniques” that keep kids “mindlessly scrolling … for as long as possible to extract their data and serve them endless advertisements.” Formella said the company’s strategy creates “a dopamine-inducing personalization algorithm that gives kids the same feeling as gambling,” with consistent alerts that interfere with schoolwork and sleep.

“Meta’s decision to do so despite its knowledge of significant links between excessive use of social media and increased instances of serious health problems such as depression, anxiety, and insomnia is unacceptable and unlawful,” he said. “Not unlike Big Tobacco a generation ago, Meta has chosen profits over public health, particularly the health of the youngest among us. We bring this action today to hold Meta accountable and stop this unlawful conduct that is harming New Hampshire’s kids.”

Gov. Chris Sununu lent support to the lawsuit saying it was part of the state’s effort to investigate social media companies that are harming children in New Hampshire. An executive order he signed earlier this year has agencies developing curricula specifically related to social media company harms.

“These actions show the health and welfare of our children are paramount concerns, and we will take real action to protect New Hampshire’s kids,” Sununu said.

The AG’s Office filed five separate complaints related to accusations of the addictive features and design properties, deceptive public statements, and failure to inform parents about the possible harm to children. The complaint, along with 41 other state lawsuits, hope to hold Meta liable for its practices via a court injunction as well as penalties and monetary relief to address the harms.

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