For much of the internet’s rise, the social media giants had a "get out of jail free" card. Under Section 230 of the Communications Decency Act, companies such as TikTok, Snapchat, and Facebook are protected from liability for content posted on their platforms, arguing they were just a "digital bulletin board" - meaning they weren't responsible if someone posted something harmful.
The MDL 3047 litigation is putting an end to social media's total immunity. The law is no longer looking only at the content being shared on these platforms; it is looking at the product's design itself and the harm embedded in it. Courts are treating these claims as classic design-defect cases, asking whether foreseeable harm outweighs the design's utility and whether safer alternatives were available. In other words, lawyers will no longer target companies for the videos or messages; they will instead blame them for the app's features.
The court has ruled that features like "Infinite Scroll" and late-night notifications are not just tools for sharing or displaying content - they are functional design choices, addiction-inducing traps that cause injury and give rise to liability.
The strength of the current lawsuit lies in four specific features that have survived motions to dismiss. Under the Product-vs-Platform distinction, courts treat these features not as neutral tools for communication, but as defective designs engineered to exploit the adolescent brain, which is vulnerable due to underdeveloped impulse control:
To qualify for the current litigation, claims must show more than just "too much phone time" - they require evidence of actual medical harm. The courts are prioritizing cases where the platform’s design led directly to:
We are now entering the bellwether phase, where early trials will gauge how juries react to the evidence. Already, documents have emerged showing that these platforms were well aware that their design choices could cause harm, yet they proceeded anyway. As trial dates have been set for later this year, the focus has moved from whether these companies are liable to how much they may have to pay.
The logic is simple: if you build a product that is designed to be addictive, you are responsible for the damage that addiction causes. Going forward, intake teams must gather evidence linking a user's psychological injury directly to the platform's specific design features.
The window of opportunity for strategic entry into the social media litigation is narrowing. As the first bellwether trials of 2026 approach, the priority has moved from questions of liability to victim compensation. If your child has been diagnosed with an eating disorder, major depression, or has required medical intervention due to these platforms' addictive design features, it’s important to be aware of filing deadlines if you wish to secure eligibility.
At Atraxia Law, we specialize in the rigorous clinical screening of medical records required to build a winning case. We assess your claim’s merits and refer you to a premier litigation attorney prepared to represent you in a major MDL against Big Tech.
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