Why Your "Addictive" Feed is Now a Product Liability

The courts are realizing that if your app is designed like a “digital casino” it’s not just "hosting content", it’s a faulty product.

• It’s not speech, it’s a feature: Algorithms and infinite scrolls are being treated like design defects, not free expression.

• The "Blackout Challenge" precedent: When a recommendation engine pushes dangerous content to keep you glued to the screen, the court is saying, "That's on you, TikTok."

• AI isn't immune: Whether it’s social media or a chatbot like in Raine v. OpenAI, if the machine's core design leads to harm, the old "not our fault" defense is failing.

We’ve moved from arguing over what people say on the internet to holding engineers accountable for how their platforms manipulate us.

The Core Distinction: Section 230 (47 U.S. Code § 230) protects the host, but product liability targets the engineer.

Architectural features like addictive algorithms or infinite scroll fall under product liability rather than content moderation.

Recent Landmark Cases (2025–2026)

• Social Media Addiction MDL (In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation): Consolidated federal litigation involving over 2,300 cases. Judges have allowed claims to proceed by focusing on design defects (e.g., dopamine-triggering feedback loops) rather than specific user posts.

• K.G.M. v. Meta (2026): A pivotal "bellwether" trial in Los Angeles. Meta and YouTube are currently defending claims that their product architecture intentionally facilitated youth mental health crises. Notably, Snap and TikTok settled their portions of this case just before the January 2026 trial date.

• Anderson v. TikTok (2024/2025): A major appellate ruling involving the "Blackout Challenge." The court held that TikTok’s recommendation algorithm acts as a product feature that prioritizes engagement over safety, potentially bypassing Section 230 immunity.

• Raine v. OpenAI (2025): An emerging frontier in AI liability. The case argues that when an LLM "hallucinates" or generates harmful advice (in this instance, encouraging suicide), the harm stems from a design failure of the model itself, not a third-party post.

https://www.platformer.news/the-infinite-scroll-goes-on-trial/