Comparing social media to a drug, NV AG sues Facebook, TikTok, other platforms

Nevada Attorney General Aaron Ford’s office has sued five popular social media platforms for harming children.

The lawsuit, filed in Clark County District Court, alleges that the social media platforms — TikTok, Snapchat and Meta’s Instagram, Facebook and Messenger — are deliberately designed to “addict young minds and prey on teenagers’ well-understood vulnerabilities” through features like endless scrolling, disappearing content, and push notifications.

“Much like an illegal drug, Facebook has been designed to be an addiction machine, targeting people under the age of 18 and more insidiously children under the age of 13, who as Meta well knows, have developmentally limited capacity for self control,” reads the court filing.

As a result, the lawsuit alleges, the platforms encourage problematic internet usage and harm children’s mental health, body image, physical health, privacy, and physical safety.

Redacted court documents, provided by Ford’s office, reference a recent high-profile criminal case in Las Vegas involving two teenagers who filmed themselves striking a bicyclist with a stolen car. That video, which went viral on social media, was posted to TikTok, and authorities have said they believe the attack generated a “TikTok challenge.”

Users of these social media apps are supposed to be at least 13 years old, but it’s widely believed that a significant portion of users are younger.

A 2020 survey cited in the court documents found that 45% of respondents between the ages of 9 and 12 used Facebook at least once a day, and 66% had used the platform at least once. Similarly, another cited survey, from 2021, found that 57% of children 12 to 17 used Instagram every week and that 10% of those aged 13 to 17 reported “almost constant use.”

“Bringing this litigation is an important step toward ensuring social media platforms put our children’s safety before their profits,” said Ford in a statement. “I look forward to working closely with our partners to protect the youth of our state.”   

Nachawati Law Group, WH Law, and Kemp Jones LLP are working as outside counsel on the social media lawsuit.

A Snap spokesperson said in a statement that Snapchat is “intentionally designed to be different from traditional social media” and is focused on communication with close friends.

“Snapchat opens directly to a camera – rather than a feed of content that encourages passive scrolling – and has no traditional public likes or comments. While we will always have more work to do, we feel good about the role Snapchat plays in helping close friends feel connected, happy and prepared as they face the many challenges of adolescence.”

Meta did not address the lawsuit directly but said in a statement: “We want teens to have safe, age-appropriate experiences online, and we have over 30 tools and features to support them and their parents. We’ve spent a decade working on these issues and hiring people who have dedicated their careers to keeping young people safe and supported online.”

A TikTok spokesperson said they would not be commenting on the record and directed the Current to its corporate website for its policies on minor safety.

Nevada’s lawsuit is part of a broader and growing pushback against social media. On Wednesday, the U.S. Senate Judiciary Committee questioned tech leaders on the negative impact of their products on teenagers. Among those who participated: Meta CEO Mark Zuckerberg, TikTok CEO Shou Chew, and Snap CEO Evan Spiegel.

Nearly all states have taken some legal action against one or more social media companies. In October, a group of 33 states filed a federal lawsuit against Meta — the parent company of Instagram, Facebook, and Messenger. At least eight other states have filed complaints in their state courts alleging deceptive trade, consumer fraud, unlawful trade, unjust enrichment, negligence, product liability, and public nuisance claims.

John Sadler, a spokesperson for the Nevada attorney general’s office, said they “do not discuss legal strategies outside the normal course of litigation” but added that “after the success of the opioid litigation our office spearheaded, Attorney General Ford determined the best course of action was to protect Nevada’s children in Nevada’s courts.”

Ford’s office in 2019 took legal action against more than 40 defendants related to the opioid epidemic. In July 2023, Ford announced the last of $1.1 billion in opioid settlements, and according to news reports at the time, said Nevada received more money by pursuing its own lawsuit.

This article has been updated with statements from Meta, Snap and TikTok.