Last week, a jury in a California District Court and a jury in New Mexico found Google-owned YouTube and Meta liable for damages over youth social media addiction, misleading consumers and endangering children.
In California, plaintiff K.G.M argued personal injury in that social media platforms Facebook, Instagram, Snapchat, and YouTube owe a duty of care toward their users and are responsible for addictive designs of platforms. The teenager claimed her early use of social media led to her addiction to technology and impacted her mental health by exacerbating depression and suicidal thoughts.[1] After Snap Inc settled their parts in the case in January, Google and Meta were the remaining defendants in the trial which started on 9 February.
Google and Meta argued that the plaintiff’s mental health challenges began before her social media use and that she actually turned to the platforms as a coping mechanism.
The jury found Google had been negligent in designing and operating YouTube, and liable for failing to warn users of the dangers of using YouTube. The jury also found Meta negligent and liable for failing to warn users of the dangers of using Instagram. The jury recommended the plaintiff receive $3m in compensatory damages, with the potential for $3m in punitive damages to punish the wrongdoer and deter similar behaviour in the future, which will be decided when the judge enters a final judgment in the case. The decision opens doors for personal injury claims by individuals who have experienced harm by these platforms and their addictive design.[2]
A day before the decision in K.G.M. v Meta, a separate jury in New Mexico found Meta liable for endangering children and misleading consumers about the safety of its platforms.[3] The New Mexico Department of Justice brought the case against Meta, arguing that Meta violated the New Mexico Unfair Practices Act, a consumer protection law.[4]
Meta must pay $375m in civil penalties, following more than two years of litigation by the New Mexico Department of Justice to hold the platform responsible for harming children. New Mexico originally initiated an investigation of Meta’s platforms on the back of an investigation by the Nevada Department of Justice into Meta’s safeguards against sexual abuse of minors.
In Europe, the Dutch non-profit foundation Stichting Onderzoek Marktinformatie (SOMI) filed a class action lawsuit at the Copenhagen City Court against Meta on 1 April 2026, following a warning letter sent to Meta on 25 September 2025.[5] SOMI, and NGO, is acting on behalf of minors and their parents in Denmark who have suffered mental harm through the use of Meta platforms Facebook and Instagram. The claim alleges that Facebook and Instagram are deliberately designed to be addictive, and further states that Meta has failed to implement effective age verification mechanisms, allowing minors to access the platforms with minimal oversight. SOMI claims that Meta has long been aware of such harms to children and that Meta chose not to implement changes because doing so could have reduced user engagement and thus advertising revenues.
The landmark decisions in the US and the claim filed in Denmark come at a time when the UK and other European countries such as Austria, Denmark, France[6] and Spain[7] are considering following Australia’s lead[8] in introducing a social media ban for under-16s. The UK government is currently leading a consultation along with a social media ban and digital curfew trial on hundreds of teenagers across the country.[9]
Preiskel & Co advises on competition law, abuse of dominance and regulatory matters affecting digital markets. For enquiries regarding section 393 of the Communications Act 2003, Online Safety Act 2023 and conduct or media sector disputes, contact the firm’s antitrust practice.
Please contact Tim Cowen if you have any questions.
The material in this article is only for general review of the topics covered and does not constitute legal advice. No legal or business decision should be based on its content. This article is written in the English language. Preiskel & Co LLP is not responsible for any translation of all or part of its content into any language.
[1] Complaint – #1 in K.G. v. Meta Platforms, Inc. (N.D. Cal., 4:25-cv-02691) – CourtListener.com|20 March 2025
[2] The full decision has not been published. However, see Meta’s Motion for Summary Judgment, or, in the Alternative, for Summary Adjudication (K.G.M.)| 5 November 2025
[3] New Mexico Department of Justice Wins Landmark Verdict Against Meta – New Mexico Department of Justice|24 March 2026
[4] Suing Meta under products liability laws is a strategy being pursued to overcome Section 230 of the Communications Decency Act which protects platforms from liability for content posted by third parties.
[5] Foundation SOMI Officially Files Class Action Lawsuit Against Meta in Denmark| 1 April 2026
[6] French Senate debates social media ban for children under 15 | Reuters| 31 March 2026
[7] Spain announces plans to ban social media for under-16s – BBC News| 3 February 2026
[8] Social media age restrictions | eSafety Commissioner| 10 December 2025
[9] Children and parents to pilot social media bans, time limits and curfews at home, as government tests next steps to give UK kids their childhood back – GOV.UK| 25 March 2026