A high-stakes trial underway in New Mexico could lead to sweeping changes in how Meta operates Facebook, Instagram and WhatsApp, with the company warning it may withdraw from the state if ordered to comply with proposed measures.
The case, being heard in Santa Fe before Judge Bryan Biedscheid, stems from a lawsuit filed by New Mexico Attorney General Raúl Torrez. The state accuses Meta of designing its platforms in ways that encourage compulsive use among young people while failing to adequately protect children from harmful and exploitative content.
At the centre of the trial is whether Meta’s platforms constitute a “public nuisance” under New Mexico law. If the court agrees, it could order broad reforms affecting how the company’s services function for users in the state.
The proceedings mark the second phase of New Mexico’s legal challenge. In March, a jury found that Meta had violated the state’s consumer protection laws by misrepresenting the safety of Facebook and Instagram for younger users. The company was ordered to pay $375 million in damages.
Now, the state is seeking additional financial penalties and a court order requiring significant operational changes. Proposed measures include mandatory age verification, algorithm adjustments to prioritise higher-quality content for minors, and the removal of features such as autoplay and infinite scrolling for younger users.
Attorney General Torrez has indicated that the state may seek billions of dollars more in damages. According to court filings cited by Meta, the figure could reach $3.7 billion. The funds would reportedly support a 15-year mental health initiative, including new treatment facilities and expanded services for young people.
Meta argues that it has already implemented extensive safeguards for younger users and says many of the state’s demands are either technically unworkable or impossible to implement. The company maintains that it cannot be held liable under public nuisance law because its platforms do not interfere with a public right in the traditional legal sense.
In a statement ahead of the trial, Meta criticised the lawsuit as overly narrow, arguing that teenagers use hundreds of digital platforms beyond its own. The company also contends that the proposed restrictions could limit free expression and undermine parental authority.
The case is being closely watched nationwide. More than 40 states and over 1,300 school districts have filed similar lawsuits against social media companies, alleging that their products are intentionally designed to be addictive and harmful to young users.
Legal experts say the use of public nuisance law in this context reflects a broader trend. Traditionally applied to issues such as pollution or blocked public access, the legal doctrine has increasingly been used in cases involving tobacco, opioids and vaping.
A ruling against Meta could set an important precedent, potentially reshaping how social media platforms operate across the United States.
