Florida taking next step against Instagram after rejecting nationwide settlement

Florida’s attorney general is asking Facebook and Instagram to tighten their platforms to deny access to its “addictive features” for children, as the state pressed it legal battle against the tech giant Meta.

The motion for temporary injunction is part of larger, nationwide legal wrangling between state attorneys general and Meta, the company that owns the two social media platforms. 

Florida and New Mexico were the two states that did not join an otherwise nationwide, $18 billion settlement earlier this year with Meta in response to allegations the company intentionally created and profited from developing for young users “addictive features” like infinite scrolling, persistent notifications, and like-counts on posts.

“Sources ranging from the United States Surgeon General to lawsuits to independent studies to Meta’s own research demonstrate that Meta caused Young Users extensive harm, including anxiety, depression, self-harm, sleep deprivation, eating disorders, exposure to unwanted sexual advances, and tragically, suicide,” Uthmeier argued in an 85-page motion filed Wednesday.

The document is part of a case the state filed in Pasco County Circuit Court against Meta. 

“Meta engages in unconscionable acts by prioritizing its own growth over the safety of the vulnerable Young Users it targets,” Uthmeier wrote, invoking the argument that started the national action against Meta.

Uthmeier was not satisfied with the settlement other states took, which he said “does not go far enough to protect children from the consequences of Meta’s deceptions and exposure to the products designed to addict them.”

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The state seeks three things in the temporary injunction: “prohibit Meta from making further deceptive statements and omissions in Florida;” require Meta to verify ages and remove users under 14 years old; and eliminate addictive aspects of the platforms.

“There is no end in sight to the harm Meta has caused Florida’s children,” the motion says.

Uthmeier pointed to a case in New Mexico that resulted in Meta imposing restrictions on its apps for minor account holders. The New Mexico case shows Meta can “protect Florida’s children through changes Meta has already shown are feasible.”

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In 2024, Florida passed a law prohibiting children under 13 from using social media and 13- to 15-year-olds from using platforms without parental consent. Specifically, the law banned use of platforms with the “addictive features” listed above.

That law went through an extensive federal challenge brought by a group of social media companies.

Uthmeier said in November he would “aggressively enforce” the social media ban for minors after the preliminary injunction on the law is lifted.

He filed suit against Tik Tok in St. Lucie County Court for not complying with the law earlier this year.  

In 2023, former Attorney General Ashley Moody joined the federal suit that claims Meta deployed features that encourage kids to spend more time on the apps and that it violated Florida’s Deceptive and Unfair Trade Practices Act. 

“Meta has told Congress and the public repeatedly that children under 13 are not allowed on Instagram or Facebook — that it does not market to them, that it screens for them, and that it removes their accounts,”  Uthmeier’s motion argues.

“Behind the scenes Meta’s documents say the opposite: ‘We lack a U13 classifier, insufficient means to detect and remove u13s at scale,’” it claims. 

Uthmeier cites various statistics about how Instagram has harmed young people and alleges Meta has turned a blind eye to problems created by its products. 

He called for Meta to make the changes in Florida that it made in New Mexico and to be prohibited from targeting young people with advertisements about Instagram and Facebook. 

The state believes Meta should be required to report to the court its progress in implementing these changes. 

Florida wants a “quiet mode” that blocks use of anything but settings in the app between 9 p.m. and 8 a.m.

New Mexico imposed a monthly limit of 90 hours of use across Facebook and Instagram. Florida wants 60. 

Meta did not respond to a request for comment before publishing deadline but issued a written statement to Politico.

“This agreement won’t succeed until our industry peers join us. We know that restricting one platform simply causes teens to migrate to others. The Attorney General should be using taxpayer resources to get YouTube and TikTok to empower parents and protect teens in Florida,” it reads.

“We regret that he has chosen instead to pursue a meritless preliminary injunction years into the litigation. The state cannot both claim the benefits of a settlement Florida declined to join while continuing to sue us.”