A Los Angeles jury just decided that the design choices behind your growth dashboard can be a legal liability, not just a competitive advantage.
The case: a 20 year old woman said she became addicted to social media as a child and that it made her mental health worse. In March, jurors found Meta and Google’s YouTube negligent, awarding 6 million dollars in damages and assigning 70 percent of the fault to Meta. Meta filed an appeal this week, disputing that it built Instagram and Facebook to hook young users without regard for their well being. It’s the first verdict in a coordinated proceeding covering thousands of similar claims.
Here’s what should get your attention. The features named in the case, infinite scroll, autoplay, endless recommendations, are the exact features your product team reports as wins every week. Rising session length and daily active users used to be proof a product was working. To a plaintiff’s attorney, they’re proof you knew what you were building. This isn’t new. Three years before the Meta verdict, the FTC fined Epic Games 520 million dollars for manipulative design, dark patterns, that pushed unwanted purchases from kids.
Smart companies keep walking into this because engagement is easy to measure and tied straight to revenue, while customer well being is slow to show up and hard to chart. The gap stays invisible until someone outside the company measures it, and now that someone can be a jury or a regulator. The same argument is already reaching AI. A federal judge let a wrongful death case against Character.AI proceed as a product liability claim. Character.AI and Google settled five similar cases in January. Parents of a 16 year old who died by suicide are making the same argument against OpenAI, and the FTC ordered seven companies in September to explain how they monetize engagement.
Here’s what I’d do about it:
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- Audit your engagement metrics and ask whether the design choices behind them could be harming the people using your product.
- Measure whether users are actually better off, not just whether they returned.
- Name the specific mechanics that keep people engaged, and decide which ones you could genuinely defend as core to the experience.
This Week
Pull up the three metrics your team celebrates most and ask a blunt question about each: does this number climb because people get value, or because they can’t stop? Choose the metric that leans hardest on compulsion and decide whether you could defend it in front of a jury. Which metric would you struggle to defend? Reply and tell me.
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