New Mexico Sues Meta in First Stand-Alone State Case Over Harm to Children

The trial could set a precedent for how states can hold social media companies accountable for their impact on young users.

Feb. 1, 2026 at 4:47am

Got story updates? Submit your updates here. ›

The first stand-alone trial from state prosecutors in a stream of lawsuits against Meta, the owner of Facebook, Instagram and WhatsApp, is getting underway in New Mexico. The state's case is built on an undercover investigation using proxy social media accounts posing as kids to document sexual solicitations and Meta's response, which prosecutors say prioritized profits over child safety. The trial could give states a new legal pathway to go after social media companies over how their platforms affect children.

Why it matters

This case represents a new legal strategy by states to hold social media companies accountable for the harms their platforms can cause to young users. If successful, it could open the door for more state-level lawsuits targeting tech giants' business practices and algorithms, potentially leading to significant penalties and forcing changes to better protect children online.

The details

New Mexico's Attorney General Raúl Torrez filed suit in 2023, accusing Meta of creating a 'marketplace' and 'breeding ground' for predators who target children for sexual exploitation and failing to disclose what it knew about those harmful effects. The state used an undercover investigation with proxy social media accounts posing as minors to document sexual solicitations and Meta's responses, which prosecutors say prioritized profits over child safety. The trial, with opening statements scheduled for Feb. 9, could last nearly two months.

  • The lawsuit was filed by New Mexico's Attorney General in 2023.
  • Jury selection for the trial began on Monday, February 6, 2026.
  • Opening statements are scheduled for February 9, 2026.
  • The trial could last nearly two months.

The players

Meta

The parent company of Facebook, Instagram, and WhatsApp, which is facing civil charges from New Mexico over how its platforms impact children.

Raúl Torrez

The Attorney General of New Mexico who filed the lawsuit against Meta, accusing the company of creating a 'marketplace' and 'breeding ground' for predators who target children.

Eric Goldman

The co-director of the High Tech Law Institute at Santa Clara University School of Law, who says a victory for New Mexico could have 'ripple effects throughout the country, and the globe.'

Mark Zuckerberg

The CEO of Meta, who was dropped as a defendant in the case but has been deposed and whose documents are part of the evidence.

Mollie McGraw

A Las Cruces-based plaintiff's attorney who says the 'damages here could be significant' due to how Meta's platform tracks user engagement.

Got photos? Submit your photos here. ›

What they’re saying

“So many regulators are keyed up looking for any evidence of a legal theory that would punish social media that a victory in that case could have ripple effects throughout the country, and the globe.”

— Eric Goldman, Co-director of the High Tech Law Institute at Santa Clara University School of Law

“The reason the damage potential is so great here is because of how Facebook works. Meta keeps track of everyone who sees a post. ... The damages here could be significant.”

— Mollie McGraw, Plaintiff's attorney

What’s next

The trial is expected to last nearly two months, with a jury from Santa Fe County set to weigh whether Meta engaged in unfair business practices. A judge will later determine any potential civil penalties and other remedies, including a public nuisance charge against the company.

The takeaway

This case represents a new legal strategy by states to hold social media companies accountable for the harms their platforms can cause to young users. If successful, it could open the door for more state-level lawsuits targeting tech giants' business practices and algorithms, potentially leading to significant penalties and forcing changes to better protect children online.