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Undercover investigation of Meta heads to trial in New Mexico in first stand-alone case by state

TECH

Undercover investigation of Meta heads to trial in New Mexico in first stand-alone case by state
TECH

TECH

Undercover investigation of Meta heads to trial in New Mexico in first stand-alone case by state

2026-02-01 13:21 Last Updated At:14:17

SANTA FE, N.M. (AP) — The first stand-alone trial from state prosecutors in a stream of lawsuits against Meta is getting underway in New Mexico, with jury selection starting Monday.

New Mexico's case is built on a state undercover investigation using proxy social media accounts and posing as kids to document sexual solicitations and the response from Meta, the owner of Facebook, Instagram and WhatsApp. It could give states a new legal pathway to go after social media companies over how their platforms affect children, by using consumer protection and nuisance laws.

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.

“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,” said Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law in California. “Whatever the jury says will be of substantial interest.”

The trial, with opening statements scheduled for Feb. 9, could last nearly two months.

Meta denies the civil charges and says prosecutors are taking a “sensationalist” approach. CEO Mark Zuckerberg was dropped as a defendant in the case, but he has been deposed and documents in the case carry his name.

In California, opening arguments are scheduled this week for a personal injury case in Los Angeles County Superior Court that could determine how thousands of similar lawsuits against social media companies will play out.

Prosecutors say New Mexico is not seeking to hold Meta accountable for content on its platforms, but rather its role in pushing out that content through complex algorithms that proliferate material that can be addictive and harmful to children.

The approach could sidestep immunity provisions for social media platforms under a First Amendment shield and Section 230, a 30-year-old provision of the U.S. Communications Decency Act that has protected tech companies from liability for material posted on their platforms.

An undercover investigation by the state created several decoy accounts for minors 14 and younger, documented the arrival of online sexual solicitations and monitored Meta’s responses when the behavior was brought to the company’s attention. The state says Meta’s responses placed profits ahead of children’s safety.

Torrez, a first-term Democrat elected in 2022, has urged Meta to implement more effective age verification and remove bad actors from its platform. He's also seeking changes to algorithms that can serve up harmful material and criticizing end-to-end privacy encryption that can prevent the monitoring of communications with children for safety.

Separately, Torrez brought felony criminal charges of child solicitation by electronic devices against three men in 2024, also using decoy social media accounts to build that case.

Meta denies the civil charges while accusing the attorney general of cherry-picking select documents and making “sensationalist, irrelevant and distracting arguments.”

In a statement, Meta said ongoing lawsuits nationwide are attempting to place the blame for teen mental health struggles on social media companies in a way that oversimplifies matters. It points to the steady addition of account settings and tools — including safety features that give teens more information about the person they’re chatting with and content restrictions based on PG-13 movie ratings.

Goldman says the company is bringing enormous resources to bear in courtrooms this year, including New Mexico.

“If they lose this,” he said, “it becomes another beachhead that might erode their basic business.”

More than 40 state attorneys general have filed lawsuits against Meta, claiming it is harming young people and contributing to the youth mental health crisis by deliberately designing features that addict children to its platforms. The majority filed their lawsuits in federal court.

The bellwether trial underway in California against social video companies, including Meta’s Instagram and Google’s YouTube, focuses on a 19-year-old who claims her use of social media from an early age addicted her to technology and exacerbated depression and suicidal thoughts. TikTok and Snapchat parent company Snap Inc. settled claims in the case that affects thousands of consolidated plaintiffs.

A federal trial starting in June in Oakland, California, will be the first to represent school districts that have sued social media platforms over harms to children.

In New Mexico, prosecutors also sued Snap Inc. over accusations its platform facilitates child sexual exploitation. Snap says its platform has built-in safety guardrails and “deliberate design choices to make it difficult for strangers to discover minors.” A trial date has not been set.

A jury assembled from residents of Santa Fe County, including the politically progressive state capital city, will weigh whether Meta engaged in unfair business practices and to what extent.

But a judge will have final say later on any possible civil penalties and other remedies, and decide the public nuisance charge against Meta.

The state's Unfair Practices Act allows penalties of $5,000 per violation, but it's not yet clear how violations would be tallied.

“The reason the damage potential is so great here is because of how Facebook works,” said Mollie McGraw, a Las Cruces-based plaintiff’s attorney. “Meta keeps track of everyone who sees a post. … The damages here could be significant.”

FILE - New Mexico Attorney General Raúl Torrez discusses the nexus of public safety, mental health and adverse child experiences during a news conference following a summit in Albuquerque, N.M., Nov. 3, 2023. (AP Photo/Susan Montoya Bryan, File)

FILE - New Mexico Attorney General Raúl Torrez discusses the nexus of public safety, mental health and adverse child experiences during a news conference following a summit in Albuquerque, N.M., Nov. 3, 2023. (AP Photo/Susan Montoya Bryan, File)

FILE - Meta CEO Mark Zuckerberg speaks during an event at the Biohub Imaging Institute in Redwood City, Calif., Nov. 5, 2025. (AP Photo/Jeff Chiu, File)

FILE - Meta CEO Mark Zuckerberg speaks during an event at the Biohub Imaging Institute in Redwood City, Calif., Nov. 5, 2025. (AP Photo/Jeff Chiu, File)

FILE -A Meta logo is shown on a video screen at LlamaCon 2025, an AI developer conference, in Menlo Park, Calif., April 29, 2025. (AP Photo/Jeff Chiu, File)

FILE -A Meta logo is shown on a video screen at LlamaCon 2025, an AI developer conference, in Menlo Park, Calif., April 29, 2025. (AP Photo/Jeff Chiu, File)

NEW YORK (AP) — Once considered an oddity in American homes, bidets are becoming increasingly common as more people seek a hygienic and sustainable alternative to toilet paper or a hand managing certain physical conditions.

Toilet paper shortages during the COVID-19 pandemic helped demystify the devices for U.S. consumers, although Italy, Japan and some other countries where bidets are standard bathroom features also saw runs on TP. Environmental awareness, less expensive bidet options and the development of smart toilets that perform multiple functions have given further momentum to the idea of rinsing instead of wiping.

Bidets even earned a moment in the national spotlight last month when Zorhan Mamdani, New York City's new mayor, said he hoped to have them installed in the bathrooms of Gracie Mansion, the 18th century Manhattan home that serves as the official residence of the city's chief executive.

Medical professionals sometimes recommend bidets for patients with hemorrhoids, in recovery from surgery, or who have limited mobility due to age or disabilities. But experts say bidets are not best for everyone and need to be used properly to prevent other problems.

Here are some of the ins and outs to consider.

Bidets use a jet of water to clean the genitals and anal area after someone goes to the bathroom. They originally existed mainly as standalone fixtures separate from toilets.

These days, the options include toilet seat attachments and hand-held versions that resemble detachable shower heads. Many of the latest “smart” toilets come with integrated bidets and feature heated seats, adjustable water pressure and air dryers.

On YouTube and other social media platforms, there are videos demonstrations of how to make a portable bidet with a plastic soda bottle.

Bidet converts tend to rave about how much cleaner the appliances leave them feeling. Since all toileting activity involves delicate body parts and bacteria, experts stress that correct bidet use is required to make the activity as sanitary as possible.

When using standalone bidets and ones installed on toilets, it's best, especially for women, to turn on the faucet while facing the controls so the washing is done from front to back, according to Dr. David Rivadeneira, a colorectal surgeon in Huntington, New York.

That position prevents the transfer of bacteria from the anal area to the urethra, Rivadeneira said.

Most doctors recommend using warm water at low pressure for up to a few minutes, avoiding any extreme temperatures. You can also try a gentle soap if desired, but it's usually not necessary for regular bidet users.

Rivadeneira cautions patients against trying to inject water into the anus since the devices are not meant for internal use.

“You're not supposed to be substituting it for a colonic or an enema," he said.

After washing, pat dry with toilet paper or a dedicated cotton towel to remove any remaining stool and to prevent yeast infections, experts say.

Bidets can be used every day but are most appropriate after a bowel movement. Overuse may cause skin irritation, according to medical experts.

Proper bidet maintenance also matters, said Dr. Neal H. Patel, a family physician with the Providence St. Joseph Hospital in Orange County, California. Make sure to wipe down the nozzle every week or two with disinfectant wipes to remove bacteria, he said.

Dr. Danielle Antosh, a urogynecologist in Houston, said some studies have showed that a bidet leaves less bacteria on a user's hand compared to toilet paper, but the research remains too limited to know for sure.

However, doctors who are in favor of bidets think the devices are less harsh on sensitive skin than toilet paper.

“The texture of toilet paper can cause irritation and itching, while the gentle water stream of a bidet is less abrasive and healthier for the skin,” Dr. George Ellis, a urologist in Orlando, Florida, said.

Bidets therefore may benefit people with chronic diarrhea or other conditions that necessitate a lot of wiping, as well as those who are prone to urinary tract infections, medical experts said. They also may help relieve discomfort from hemorrhoids, fistulas and anal fissures, they said.

Three dermatologists from the University of Tennessee Health Science Center wrote in a 2023 editorial in the International Journal of Women's Dermatology that their peers should be “aware of the commonality of bidet use outside of American culture” and comfortable recommending bidets because skin conditions such as eczema, psoriasis and contact dermatitis can occur in the perianal region.

They also argued that by helping people with physical limitations clean themselves independently after using the toilet, bidets can reduce the workload of caregivers, most of whom are women.

Bidets are another example where it's possible to get too much of a good thing. Some doctors in Japan have advised patients who reported rashes or difficulty controlling their bowels after frequent bottom cleansing to stop using bidets until the conditions cleared up.

Antosh recommends checking with a doctor before using a high-pressure bidet right after childbirth or if you have genital ulcers because powerful streams of water may be irritating.

Dr. Jenna Queller, a dermatologist and founder of Boca Raton, Florida-based DermWorks, said the same was true for people with genital eczema or psoriasis. She recommends moisturizing the areas after using a bidet to prevent irritation..

And while bidets may offer relief for an itchy bottom, always consult a doctor if there's persistent bleeding from fissures or hemorrhoids because you could have a more serious condition, Rivadeneira advises.

Bidets generally are recognized as a greener choice than toilet paper by most environmental groups and scientists. The non-profit National Resources Defense Council said in a recent report that the devices “significantly cut down on the use of toilet paper, helping to lessen the environmental impacts associated with tissue production.”

Gary Bull, a professor emeritus of forestry at the University of British Columbia told The Associated Press in a recent interview that while it makes sense and is agreed bidets are more sustainable, truly knowing the environmental impact of a product requires calculating all the carbon emitted and energy used in making the products and through the end of their life cycles.

Fancier bidets, for example, use electricity to heat the water and seat, he noted.

“I was working out in my own house last night putting in a Japanese bidet because I just came back from Japan, and I went, ‘OK, so this is good,’” Bull said. “But then if I look at that bidet, if I’m doing an honest assessment cradle to cradle, then I have to look at the water consumption, the energy consumption, a whole bunch of other things, to know whether or not that is a better choice for me as a consumer versus toilet tissue.”

Andrea Hicks, a professor of civil and environmental engineering at the University of Wisconsin, suggested thinking about how dry or wet a climate you live in before making a decision.

In a “water-stressed” state like Arizona, toilet paper may be the more sustainable choice, while a bidet might more sense in a place where water is abundant, Hicks said.

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AP Writer Isabella O’Malley in Philadelphia contributed to this report.

FILE - A smart bidet sits in a bathroom at the McKechnie Family LIFE Home on the University Illinois campus in Champaign, Ill., Thursday, Dec. 9, 2021. (Robin Scholz/The News-Gazette via AP, File)

FILE - A smart bidet sits in a bathroom at the McKechnie Family LIFE Home on the University Illinois campus in Champaign, Ill., Thursday, Dec. 9, 2021. (Robin Scholz/The News-Gazette via AP, File)

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