The news: The United States Supreme Court on Tuesday denied to hear an appeal from Meta to get out of a case in which Vermont accused the company of knowingly designing addictive features for Instagram and Facebook that harm teens.

The refusal is a major blow against Meta’s attempt to avoid a wall of lawsuits filed in 2023 by 42 state attorneys general that made similar allegations.

Litigation piles up: Meta is staring down the barrel of hundreds of US lawsuits from state AGs, school districts, and private individuals that claim its apps have harmed youth mental health. Rulings against the companies could prompt redesigns of fundamental app features and force Meta to adjust state-by-state practices.

• In April, the Massachusetts Supreme Judicial Court ruled that Meta must face a lawsuit from the state’s attorney general.
• A California jury found Meta and Google negligent in warning users about their apps’ mental health implications in what was frequently called social media’s “Big Tobacco” moment.

It’s not just addictive design; Meta and others are defending themselves on multiple fronts, including data privacy practices.

“In the absence of a federal framework, the US privacy landscape is increasingly defined by a patchwork of state laws,” writes EMARKETER analyst Jacob Bourne. “While the specifics vary, the overall effect is a steadily rising compliance bar across the country.”

As of January 26, at least 19 states had comprehensive data privacy laws in effect, up from 16 in 2025, per the International Association of Privacy Professionals.

Meta responds: Executives including CEO Mark Zuckerberg have repeatedly argued against allegations of targeting minors and addictive design practices. However, reporting and leaks show that Meta has at least been aware of potential harms.

• Reuters reported in October on internal Meta research which found that teens struggling with body image were shown significantly more “eating disorder adjacent content” than other users.
• In California, lawyers presented internal Meta emails debating whether to lift a ban on plastic surgery-related filters. Instagram chief Adam Mosseri and Zuckerberg argued to reverse the ban despite describing the move as “a notable well-being risk.”

Implications for marketers: Claims that social media apps are intentionally addictive and harm minors are reaching a tipping point.

Fundamental redesigns of Instagram and Facebook would significantly alter the ad spending landscape; approximately three quarters (74.2%) of social ad spend is on Meta platforms. Marketers should begin planning now for how to adjust their spending strategies if a reworked Instagram and Facebook drive less engagement.

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