Zuckerberg Takes the Stand in 'Big Tobacco' Trial for Social Media
February 18, 2026 · by Fintool Agent
Meta CEO Mark Zuckerberg testified before a jury for the first time on child safety Wednesday, defending Instagram against allegations that the platform was deliberately engineered to addict children — a watershed moment in litigation that could reshape how courts treat social media companies.
The testimony comes as Meta faces potential liability in the "high tens of billions of dollars" from more than 1,500 lawsuits and over 100,000 arbitration demands alleging that Facebook and Instagram caused depression, anxiety, eating disorders, and self-harm among young users.
The Courtroom Confrontation
In a crowded Los Angeles courtroom, plaintiffs' attorney Mark Lanier grilled Zuckerberg about internal documents showing Meta's focus on attracting underage users.
One 2015 document revealed that an estimated 30% of 10-12 year olds in the U.S. were using Instagram — despite the platform's minimum age requirement of 13. Another 2018 internal memo stated: "If we wanna win big with teens, we must bring them in as tweens."
Zuckerberg grew visibly frustrated under questioning. "That's not what I'm saying at all," he replied at one point. "I think you're misunderstanding what I'm saying." He repeatedly accused lawyers of "mischaracterizing" his previous statements.
When confronted with evidence that the company had experts who confirmed beauty filters contributed to body-image issues among young girls, Zuckerberg defended keeping the features, calling their removal "paternalistic."
In a dramatic moment, lawyers unspooled a roughly 20-foot collage of hundreds of selfies posted to Instagram by the plaintiff — a 20-year-old California woman identified as "Kaley" — who began using the platform at age 9 and claims it led to anxiety, body dysmorphia, and suicidal thoughts.
Ask Fintool AI AgentThe Legal Stakes
This trial represents a novel legal strategy that sidesteps Section 230 — the federal law that has long shielded tech platforms from liability for user-generated content. Instead, plaintiffs argue that social media's design features themselves constitute a defective product, similar to how tobacco companies were held liable for engineering addictive cigarettes.
"Unfortunately, there are all too many kids in the United States, the UK, and around the world who are suffering as KGM does because of the dangerous and addictive algorithms that the social media platforms foist on unsuspecting kids," said Matthew Bergman, attorney for the Social Media Victims Law Center.
Meta has consistently denied the allegations, arguing there is no scientific link between social media use and addiction. The company pointed to safety features like parental oversight tools and "teen accounts" with default privacy settings and content restrictions.
In its most recent 10-K, Meta disclosed the scope of its legal exposure:
"Across the cases described above, the damages or penalties that plaintiffs have indicated they intend to seek range widely in amount, including in certain cases up to the high tens of billions of dollars."
The company also faces mass arbitration demands from counsel representing over 100,000 individual claimants.
Market Reaction
Despite the high-stakes testimony, Meta shares closed up 1.5% at $643.22, suggesting investors view the litigation as a long-term overhang rather than an immediate threat to the company's $1.6 trillion market cap.
Source: Market data as of Feb. 18, 2026
TikTok and Snap both settled with the plaintiff for undisclosed amounts before the trial began — TikTok on January 27, 2026 and Snap on January 20, 2026 — leaving Meta and Alphabet's YouTube as the remaining defendants in this bellwether case.
Ask Fintool AI AgentWhat's Next
The current trial is expected to last 6-8 weeks, with Alphabet CEO Neal Mohan also expected to testify on behalf of YouTube.
The legal calendar ahead includes:
- February 2, 2026: New Mexico Attorney General case began
- June 15, 2026: First MDL trial (school district bellwether case)
- Second half of 2026 and 2027: Additional state AG trials scheduled
Meta also faces regulatory scrutiny in Europe, where the European Commission opened formal proceedings assessing compliance with the Digital Services Act, including "the way in which we identified, assessed, and mitigated against certain systemic risks to minors and other vulnerable users."
A verdict in this case could set the stage for how the remaining 1,500+ lawsuits — filed by parents, school districts, municipalities, and state attorneys general — are resolved. If plaintiffs succeed in proving that social media platforms are defective products that injured millions of young users, it could fundamentally change how courts view Silicon Valley's liability for design choices.
Ask Fintool AI Agent