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New Hampshire Attorney General John Formella is out to stop social media giant Meta, which he says built its empire by targeting children and hurting their mental health.

“We will not tolerate the pursuit of profit at the expense of the mental health and well-being of New Hampshire’s kids and America’s kids,” Formella said.

Formella filed a lawsuit Tuesday in Merrimack Superior Court alleging Meta, the company behind Facebook and Instagram, has been hiding the fact its social media platforms cause mental health problems for teens and children.

“Meta knows the harm it’s causing, and it’s lulled parents into a false sense of security,” Formella said.

The New Hampshire lawsuit is part of a larger battle against social media involving 41 other state attorneys general. A federal lawsuit filed in California has 34 state attorneys general accusing Meta of using its data to exploit children. New Hampshire is not part of the federal lawsuit; it is one of eight states filing lawsuits on their own.

Formella said New Hampshire’s strong consumer protection and product liability laws give the state effort a good chance of succeeding against Meta. 

According to Formella, Meta has known for years that children and their developing minds are particularly vulnerable to manipulative design techniques that keep them mindlessly scrolling on social media. Instead of working to institute safeguards, Meta instead knowingly manipulates children to stay logged on for as long as possible so that the company can extract their data and profits by serving them endless advertisements. 

“Meta’s design strategy exploits their vulnerabilities: from a dopamine-inducing personalization algorithm that gives kids the same feeling as gambling to consistent alerts that interfere with their schoolwork and sleep. Meta content capitalizes on children’s fear of missing out and urges them to constantly engage with the platforms,” Formnella said.

The result this social media saturation has on children is chilling and awful, according to the lawsuit. 

“In 2021, almost half (44.2 percent) of New Hampshire’s high school students self-reported feeling persistently sad or hopeless––a 75 percent increase from 2011. Similarly, from 2011 to 2021, the percentage of New Hampshire high school students who reported seriously considering suicide increased by 72 percent–– from 14.3 percent to 24.7 percent. Alarmingly, the percentage of New Hampshire high school students who self-reported actually attempting suicide jumped from 6.1 percent to 9.8 percent––a 60 percent increase,” the lawsuit states.

Formella said the company is lying about the safety of Facebook and Instagram, as well as its own safety measures. The company continues to push features that lure kids into endless scrolling. The result is anxiety, depression, and serious body image issues.

“Meta’s decision to do so despite its knowledge of significant links between excessive use of social media and increased instances of serious health problems such as depression, anxiety, and insomnia is unacceptable and unlawful. Not unlike Big Tobacco a generation ago, Meta has chosen profits over public health, particularly the health of the youngest among us,” Formella said.

Meta is even launching an ad campaign that targets children under age 13, the supposed limit for getting an account, he said.

“Meta does all of this to expand its user base and its profit,” Formella said.

The company issued a statement Tuesday complaining Formella and the 41 other attorneys general could have simply asked for changes to the social media platforms rather than filing the lawsuits.

“We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path,” the statement read.

Formellas’s lawsuit seeks an injunction to force Meta to make real changes to its systems, and it wants the company held liable for damages and breaking consumer protection laws. All of this could result in a large monetary judgment against the company, just in New Hampshire.

Gov. Chris Sununu is telling kids to put down their phones and go touch grass.

Sununu issued an executive order Wednesday aimed at getting New Hampshire children off social media and into the outdoors. At the same time, the state is investigating the harm apps like TikTok and Instagram are doing to children.

Sununu’s order comes following extensive meetings with Attorney General John Formella about the dangers posed by sites like TikTok and Instagram.

“New Hampshire’s children are the future of our state and our nation, and we are making every effort to ensure necessary changes are made to prevent harm by these platforms. New Hampshire will look at all necessary options to protect our children – including spending more time off screens and outdoors.”

The state’s ongoing investigation into the numerous harms to children posed by social media platforms started in November 2021. The new executive order is based on some of those findings. Formella said social media is disastrous for youth mental health and is creating a crisis among children and teens.

“Extensive social media use has been tied to profound risks of harm in youth. Indeed, there has been an increased focus on the correlation between the development of serious mental health disorders by minors and time spent on social media. My office is actively considering how it can best protect New Hampshire’s youth from the harm these platforms cause and promote,” Formella said. “Eliminating the harmful effects of social media on New Hampshire’s youth and holding social media platforms accountable for their actions is a top priority for me.”

Sununu also wants to use the classroom to fight harmful social media habits. His order gives the Department of Education and the Department of Health and Human Services 90 days to develop guidelines for a social media curriculum to be submitted to the State Board of Education. This curriculum for all K-12 health classes will teach the potentially negative impacts of social media use.

Sununu’s order came one day before the House is expected to vote on a Democrat-backed bill to give kids more access to social media in classrooms. Under SB213, schools will use social media accounts for instruction as long as it is connected to a particular study area. The bill also requires that parents provide written permission for that social media use.

Sununu’s office did not respond to NH Journal when asked about SB213.

Under Sununu’s plan, state agencies will also promote a new GoPlayNH Initiative to encourage kids and families to spend more time off their screens and outdoors. The initiative will highlight the various recreation opportunities available across the Granite State.

“Teaching our children how to engage with society in a healthy, fulfilling way is a core component to providing a holistic education that prepares the next generation for success in every way,” said Department of Education Commissioner Frank Edelblut. “I am thankful that Governor Sununu is taking action to address the societal impact of social media and look forward to hearing directly from parents and students so that we may work side by side to support the needs of the community.”

More details on the rollout of the GoPlayNH Initiative are expected in the coming weeks.

This isn’t Sununu’s first foray into the social media fight. Last December, he banned the Chinese-owned Tik Tok app from state-issued electronic devices. TikTok gathers data from users’ phones that is unrelated to using the app, and the company makes that data available upon request to the Chinese Communist Party, according to multiple media accounts.

And Formella joined 46 other state attorneys general in March, asking a Tennessee judge to order the company to open up its internal communications for review.