Court case in New Mexico could force Meta to make changes over addictive user experience
A trial underway in New Mexico could lead to sweeping changes in how Facebook, Instagram and WhatsApp operate. The lawsuit, filed by New Mexico Attorney General Raúl Torrez, accuses Meta Platforms of designing its products in such a way that they are addictive for young users and of failing to protect them from sexual exploitation.
At the heart of the case is whether Meta’s platforms constitute a “public nuisance” under New Mexico law. If Meta is found liable, a judge could impose far-reaching measures to limit harm to young people. The case is being closely watched, as other states, cities and school districts are bringing similar claims against social media companies.
The trial follows a jury verdict in March that found Meta guilty of violating New Mexico’s consumer protection law by misrepresenting how safe its platforms are for young users. The company was ordered to pay $375 million (€320 million) in damages. Concern about children’s safety on social media has been growing for years. Meta has warned investors that legal and regulatory pressure in the US and Europe could have a significant impact on its business.
Claims for damages
The New Mexico attorney general’s office is seeking billions of dollars in additional damages and changes to Meta’s platforms for users in New Mexico. Meta maintains that it has already addressed many concerns and implemented extensive safety measures for young users. The company says some of the requested changes are impossible and could force it to withdraw from the state altogether.
During the trial, the court will consider whether Meta’s conduct meets the legal definition of public nuisance in New Mexico, under which courts can impose measures to address harm to the community. Public nuisance claims have traditionally targeted activities that unreasonably disrupt public health and safety, such as blocking roads or polluting waterways.
In recent decades, states have used public nuisance law to tackle a wider range of sectors, including tobacco, opioids, climate change and vaping. The New Mexico case is part of a growing trend of lawsuits accusing social media companies of deliberately designing addictive products for young people. Many families have filed individual lawsuits over specific harms, while more than 40 states and 1,300 school districts are seeking court-ordered changes and damages under public nuisance law.
New Mexico plans to ask the judge to require Meta to verify users’ ages, redesign its algorithms to promote high-quality content for minors, and end autoplay and infinite scrolling for young users.
Meta argues that it cannot be held liable for public nuisance because it has not infringed any public right and there is no scientific evidence linking social media use to mental health problems. The company also claims that many of the state’s requests are technologically impractical or impossible.
In a public nuisance case, the state can seek damages to compensate for the harm caused. This amount can be substantial if the impact is deemed widespread. Although the New Mexico attorney general’s office has not specified the amount sought, Meta expects a claim for $3.7 billion (€3.15 billion) to fund a 15-year mental health plan, including new care facilities and the hiring of healthcare providers. Meta says this would mean it has to pay for the mental healthcare of all teenagers in the state, regardless of the cause.
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