CONCORD — Attorney General John Formella said Tuesday that New Hampshire has launched its own lawsuit against Meta, the parent company of Facebook, Instagram and WhatsApp, accusing the social media giant of using marketing methods that mentally and physically harm young children.
“This is an ongoing crisis that has ended lives, devastated families and harmed an entire generation of vulnerable kids,” Formella said at a news conference.
Earlier, 33 other attorneys general said they were bringing a similar joint action against Meta in a California federal court, charging the company with hooking young children on their platforms, which prosecutors maintain has led to higher rates of anxiety, depression and insomnia.
New Hampshire, Massachusetts and Vermont are among eight states and the District of Columbia that brought their own suits in state courts.
“Meta’s design strategy exploits their vulnerabilities: from a dopamine-inducing personalization algorithm that gives kids the same feeling as gambling, to consistent alerts that interfere with their schoolwork and sleep,” Formella said.
“Meta content capitalizes on children’s fear of missing out and urges them to constantly engage with the platforms.”
The state lawsuit, brought in Merrimack County Superior Court, has five separate counts that allege violations of the state consumer protection act, product liability laws and criminal negligence.
“We wanted to file in New Hampshire, first and foremost, because this state has been particularly hard hit by the mental health crisis,” Formella said.
Meta is the world’s largest social media company. Facebook, WhatsApp and Instagram each has more than a billion users.
“Meta has negligently distributed its platforms to children of the state that baited them into excessive and compulsive use while failing to inform the users – and their parents – of the harms that could result,” Formella said.
AG: Leak was turning point
These actions are the culmination of a nationwide investigation begun in 2021.
That was the year former Facebook employee Frances Haugen leaked company documents detailing internal research on its products. One set of documents about Instagram’s impact on teens found that 32% of teen girls said that “when they felt bad about their bodies, Instagram made them feel worse.”
The whistleblower’s action was an “incredibly important point,” Formella said.
“Meta is really lulling parents and kids into a false sense of security,” he said.
Follow-up interviews with teachers, coaches, parents and other loved ones revealed the extent to which New Hampshire’s mental health crisis was fueled by social media addiction, he said.
Nearly half of young people said they persistently feel “sad and hopeless,” nearly a quarter consider suicide, and more than 10% have attempted it, Formella said.
Those statistics are at least 60% higher than a decade ago. Formella said that corresponds with Meta’s acquisition of Instagram in 2012.
“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,” Formella said.
In contrast to the Big Tobacco and suits against opioid makers, Formella said the goal of this suit is not to collect financial damages but to change the behavior of Meta executives.
Ideally this would include raising the age to use one of Meta’s apps to 16, he said.
Meta says it’s changed
Officials representing Meta said the social media company has changed many of its practices to prevent child addiction, including adding advisories cautioning youths to “take a break” from them, hide their “likes” and take other precautions.
Formella called those “very small steps” that don’t go nearly far enough.
State prosecutors across the political spectrum are determined to work together on this, he said.
“This is a reminder in this era of hyper partisanship that, when it comes to the protection of our children, there is much more that unites us than divides us,” Formella said.
Gov. Chris Sununu said the suit is a product of the executive order he signed last spring directing state agencies to develop curriculum aimed at reducing social media harms.
“These actions show the health and welfare of our children are paramount concerns and we will take real actions to protect New Hampshire’s kids.”
It’s also not the first time a broad coalition of state attorneys general have teamed up to go after Meta. In 2020, 48 states and territories sued the company on antitrust grounds, alongside a separate complaint from the Federal Trade Commission.
During a Zoom news conference hosted by Colorado Attorney General Phil Weiser, the prosecutors alleged Meta executives not only knew their apps were addictive but “doubled down” by targeting youths under 13.
Last June, Meta announced it was allowing youths 10 to 12 years old to create Meta Quest accounts with parental support, ending a past practice of making the apps available only to those 13 and older.
“Meta has built an immensely profitable and invasive empire by exploiting our kids,” Formella said.
In the past, lawyers for Meta also have argued attempts to restrict their marketing violates free speech, but Formella said these suits will overcome that hurdle.
“We believe the First Amendment defense will not be successful against those claims,” Formella said. “At the end of the day, this is not about speech; this is about Meta’s conduct.”
New Hampshire is looking at “other platforms” that get kids hooked, including TikTok, Formella said.
