The first stand-alone trial brought by state prosecutors in a series of lawsuits against Meta is set to begin in New Mexico, with jury selection starting Monday.

The case is based on a state undercover investigation that used proxy social media accounts and posed as children to document sexual solicitations and Meta’s response. Meta owns Facebook, Instagram and WhatsApp. The case could provide states with a new legal avenue to pursue social media companies over the impact of their platforms on children, relying on consumer protection and nuisance laws.

Attorney General Raúl Torrez filed the lawsuit in 2023, alleging that Meta created a marketplace and “breeding ground” for predators targeting children for sexual exploitation and failed to disclose what it knew about those harmful effects.

Legal experts say a victory for New Mexico could have far-reaching consequences as regulators worldwide search for legal theories to rein in social media companies. “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. “Whatever the jury says will be of substantial interest.”

The trial, which is scheduled to begin with opening statements on Feb. 9, is expected to last nearly two months.

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Meta has denied the civil allegations, accusing prosecutors of using a “sensationalist” approach. Although CEO Mark Zuckerberg was removed as a defendant, he has been deposed and case documents include references to him.

The New Mexico lawsuit centers on allegations that Meta’s algorithms promote harmful and addictive content to children, rather than focusing on user-generated posts themselves. Prosecutors argue this strategy could bypass longstanding legal protections under the First Amendment and Section 230 of the Communications Decency Act.

The state’s undercover investigation involved decoy accounts posing as minors, which documented sexual solicitations and monitored Meta’s response. Prosecutors say the company prioritized profits over child safety.

Goldman said Meta is deploying significant legal resources in New Mexico and elsewhere. “If they lose this,” he said, “it becomes another beachhead that might erode their basic business.”