NYC Mayor Files Lawsuit Against Social Media Companies Over Youth Mental Health Crisis

New York City Mayor Eric Adams announced the filing of a lawsuit to hold five social media platforms – TikTok, Instagram, Facebook, Snapchat, and YouTube – accountable for fueling the nationwide youth mental health crisis. The city is joining hundreds of school districts from across the country in filing litigation seeking to force tech giants to change their behavior and to recover the costs of addressing this public health threat. The city spends more than $100 million on youth mental health programs and services each year.

To help address this ongoing crisis and the harm caused by these platforms, Mayor Adams also today released a social media action plan, “New York City’s Role in the National Crisis of Social Media and Youth Mental Health: Framework for Action, to hold social media companies accountable, provide education and support to young people and families, and study the long-term impacts of social media on youth.

Today’s announcement builds on the Health Commissioner’s Advisory that DOHMH Commissioner Dr. Vasan issued last month, identifying unfettered access to and use of social media as a public health hazard, just as past U.S. surgeons general have done with tobacco and firearms. The advisory provides recommendations to parents and caregivers, health care providers, educators, and policymakers on actions that can be taken to protect children, including the recommendation to delay social media use until the age of 14.

“Over the past decade, we have seen just how addictive and overwhelming the online world can be, exposing our children to a non-stop stream of harmful content and fueling our national youth mental health crisis,” said Mayor Adams. “Our city is built on innovation and technology, but many social media platforms end up endangering our children’s mental health, promoting addiction, and encouraging unsafe behavior. Today, we’re taking bold action on behalf of millions of New Yorkers to hold these companies accountable for their role in this crisis, and we’re building on our work to address this public health hazard. This lawsuit and action plan are part of a larger reckoning that will shape the lives of our young people, our city, and our society for years to come.”

Today’s lawsuit – filed in California Superior Court by the City of New York, the DOE (the largest school district in the nation), and NYC H+H (the country’s largest public hospital system) – seeks to hold the companies operating TikTok, Instagram, Facebook, Snapchat, and YouTube accountable for their role creating the youth mental health crisis in New York City. The lawsuit alleges that companies intentionally designed their platforms to purposefully manipulate and addict children and teens to social media applications with features that include:

• Using algorithms to generate feeds that keep users on the platforms longer and encourage compulsive use.
• Using mechanics akin to gambling in the design of apps, which allow for anticipation and craving for “likes” and “hearts,” and also provides continuous, personalized streams of content and advertisements.
• Manipulating users through reciprocity – a social force, especially powerful among teenagers, that describes how people feel compelled to respond to one positive action with another positive action. These platforms take advantage of reciprocity by, for example, automatically telling the sender when their message was seen or sending notifications when a message was delivered, encouraging teens to return to the platform again and again and perpetuating online engagement and immediate responses.

The complaint specifically states the companies’ intentional conduct and negligence has been a substantial factor in fueling a youth mental health crisis, which constitutes a public nuisance affecting schools, public hospitals, and communities citywide, and, as a result, that the city has had to expend significant resources to address. In New York City, over 38 percent of high school students reported feeling so sad or hopeless during the past year that they stopped engaging in their usual activities. The rate of hopelessness among New York City high schoolers in 2021 was almost 50 percent higher for Latino and Black students than for white students, and almost 70 percent higher for female students than for male students. Today, over one-third of 13- to 17-year-old children nationwide report using social media “almost constantly” and admit this is “too much.” Yet, more than half of these kids report that they would struggle to cut back on their social media use. Likewise, in 2021, 77 percent of New York City high school students reported spending an average of three or more hours per school day in front of screens – not including time spent on schoolwork.