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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.

New Hampshire Attorney General John Formella says he believes the TikTok app is hurting children and teens and adding fuel to the nation’s youth mental health crisis. Now he has joined a national effort by his fellow attorneys general demanding more transparency from a company known for its ties to China’s communist regime.

Last December, Gov. Chris Sununu signed an executive order banning TikTok from state-issued smartphones.

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

“Our youth spend hours on social media platforms each day. We already know that on TikTok they are being exposed to harmful content including, but certainly not limited to, potentially deadly viral challenges, bullying, and graphic content showcasing sexual images and drug use,” Formella said. 

The Tennessee lawsuit has become a national fight as evidence mounts that too many children and teens are ending up with mental health disorders because of social media addictions enabled by the tech giants. Parents and communities need to act to protect children, and states need to get involved, too, according to Formella.

Attorney General John Formella

“As we work to help parents better protect their children online, we must be able to thoroughly investigate and understand the methods and techniques utilized by TikTok to boost young user engagement, including how the company specifically works to increase the duration of time spent on the platform as well as the frequency of engagement with the platform,” he said.

The attorneys general want to review internal TikTok communications to see if the company engaged in deceptive, unfair, and unconscionable conduct that harmed the mental health of TikTok users, particularly children and teens. The company has been stalling, handing over useless data and even deleting records, according to claims made in court documents.

The amicus brief signed by Formella and his counterparts claims TikTok employees use a messaging system called Lark for internal communications, and that the employees have the app set to erase the content.

“TikTok has flouted its duty to preserve communications and provide them in an unusable format. They have instead continued to allow employees to send auto-deleting messages over the Lark platform after the start of the investigation and have provided messages to the states in a format that is difficult to use and navigate,” according to Formella’s statement.

 Congress could move this week to give President Joe Biden the authority to institute a national ban on the app, which is considered a national security threat.

“TikTok is the Chinese Communist Party’s backdoor into American phones,” Texas Republican Rep. Michael McCaul, the House Foreign Affairs Committee chair who is behind the law authorizing Biden to ban apps and software nationally.

TikTok is owned by the Chinese company ByteDance, which has ties to China’s Communist government. There are concerns about TikTok gathering intelligence data on Americans, as well as the app giving an authoritarian and hostile China the ability to easily disseminate misinformation.

FBI Director Christopher Wray considers the app a potential threat.

“All of these things are in the hands of a government that doesn’t share our values, and that has a mission that’s very much at odds with what’s in the best interests of the United States. That should concern us,” Wray said.

Formella is focusing on the impact TikTok is having on teens and preteens, especially girls. 

“The Centers for Disease Control and Prevention released findings demonstrating a startling increase in challenges to youth mental health, youth experiences of violence, and suicidal thoughts and behaviors among teenagers, especially teenage girls. This includes a finding that nearly one-third of teen girls seriously considered suicide in 2021, a nearly 60 percent increase from a decade prior,” Formella said in the statement.

A TikTok spokeswoman noted Congress passed a ban on the app from federal devices in December, dismissing it as “little more than political theater.”

“The swiftest and most thorough way to address any national security concerns about TikTok is for CFIUS to adopt the proposed agreement that we worked with them on for nearly two years. These plans have been developed under the oversight of our country’s top national security agencies, and we are well underway in implementing them to further secure our platform in the United States,” she said.

Some analysis finds TikTok is replacing Google as a top source for information, including news, among Gen Z consumers.

New Hampshire is one of the best states in the country for children, according to the most recent Annie E. Casey Foundation Kids Count report.

It is second only to Massachusetts when it comes to how well children thrive. The Kids Count data book looks at economic health, education, health, and family and community data. The data show the Northeast is one of the best regions in the country overall for kids.

“A child’s chances of thriving depend not only on individual, family and community characteristics but also on the state in which they are born and raised,” the report states. “States vary considerably in their wealth and other resources. Policy choices and investments by state officials and lawmakers also strongly influence children’s chances for success.”

Gov. Chris Sununu said the report shows New Hampshire is on the right track when it comes to making sure children thrive. The state has made key investments to help support communities and families, he said.

“Here in New Hampshire, our investments in mental health and public education have delivered results for children and families across the 603 – earning the Granite State the #2 spot for family and community and #2 for overall child well-being,” Sununu said. “With top rankings in economic well-being, best education, and best health too, these rankings all make one thing clear: New Hampshire is the best state for in the country for families.”

The Kids Count report shows New Hampshire is second for overall child well-being; second for family and community; second for health, up from third in 2021; fourth for economic well-being, up from sixth in 2021; and fourth for education, up from fifth in 2021.

Sununu said New Hampshire continues to earn recognition for the high quality of life in the Granite State. Recent studies have placed New Hampshire first for Overall Freedom; first for Public Safety and Corrections; first for Economic Freedom; the fastest growing economy in the nation; the fastest growing state in the Northeast; the lowest poverty rate in the country; and a top emerging housing market.

There are still serious problems facing New Hampshire’s children, however. The COVID-19 pandemic is leading to a mental health crisis, especially for kids, as the families and communities try to emerge from the disruptive pandemic measures.

“Schools went virtual. So did many jobs, while others vanished, and the economy convulsed. We isolated ourselves and our families. The health care system buckled even as doctors, nurses, researchers, and others strove tirelessly to save lives. By July 2022, over 1 million people in America had died from the novel coronavirus, including more than 1,600 children. Over 200,000 kids in the United States lost a parent or primary caregiver during that same period. In short, the coronavirus upended everyday life to an extent not seen since World War II,” the report states.

Reports of anxiety and depression are up 27.8 percent among Granite State children, above the national increase of 25.5 percent, according to the report. Much of the increase is seen as a reaction to two years of pandemic life.

“COVID-19 took hold in the United States in March 2020. It shuttered schools and childcare facilities; canceled youth sports and activities; and shut down libraries and recreational centers. It also cut off access to the places where children hang out informally: malls, movie theaters, and even outdoor playgrounds. Suddenly, most kids’ only connection with their peers was through the screens on their mobile devices, if they had them,” the report states.

“From lost playtime for younger children to canceled proms, graduations, and summer jobs for teens, the world simply stopped being what it had been for millions of young people. Teens reported spikes in symptoms of anxiety or depression as they weathered uncertainty, fear, and concerns for the health and safety of themselves, their families, and their friends.”

Cassandra Sanchez, New Hampshire’s Child Advocate, said the state is in a mental health crisis. Families across the state are struggling to get the help they need. Because of a shortage of counselors and therapists in New Hampshire, families are waiting months to be able to get help, she said.

“We are just in a very tough time where the openings in the workforce for those services are not completely filled,” Sanchez said. “We have high needs, and not enough people to deliver the services for those needs.”

Sanchez said efforts are being made to attract and hire more workers, including raising wages to bring people from out of state.

“We need competitive pay to attract people,” she said.