The plaintiffs’ brief alleges that Meta was aware that its platforms were endangering young users, including by exacerbating adolescents’ mental health issues. According to the plaintiffs, Meta frequently detected content related to eating disorders, child sexual abuse, and suicide but refused to remove it. For example, one 2021 internal company survey found that more than 8 percent of respondents aged 13 to 15 had seen someone harm themself or threaten to harm themself on Instagram during the past week. The brief also makes clear that Meta fully understood the addictive nature of its products, with plaintiffs citing a message by one user-experience researcher at the company that Instagram “is a drug” and, “We’re basically pushers.”

Perhaps most relevant to state child endangerment laws, the plaintiffs have alleged that Meta knew that millions of adults were using its platforms to inappropriately contact minors. According to their filing, an internal company audit found that Instagram had recommended 1.4 million potentially inappropriate adults to teenagers in a single day in 2022. The brief also details how Instagram’s policy was to not take action against sexual solicitation until a user had been caught engaging in the “trafficking of humans for sex” a whopping 17 times. As Instagram’s former head of safety and well-being, Vaishnavi Jayakumar, reportedly testified, “You could incur 16 violations for prostitution and sexual solicitation, and upon the seventeenth violation, your account would be suspended.”