Under The Microscope: U.S. Prosecutors Investigate Meta Over Alleged Facilitation Of Illegal Drug Sales

The investigation is part of a broader probe into whether Meta's platforms, including Facebook and Instagram, are being used as a marketplace for illicit drug sales, thereby profiting the company. The Wall Street Journal has reported that a series of subpoenas have been issued to Meta in this regard. This investigation has brought Meta and its subsidiaries under the critical eye of lawmakers and critics, who have raised concerns about the company's responsibility in regulating content on its platforms, particularly content that could be harmful to its users, especially young people.

According to the documents reviewed by The Wall Street Journal, the subpoenas are seeking records related to "violative drug content on Meta's platforms and/or the illicit sale of drugs via Meta's platforms." The Food and Drug Administration (FDA) is reportedly collaborating with the prosecutors in conducting this investigation.

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However, The Wall Street Journal has noted that an investigation does not necessarily imply criminal or unlawful conduct. In response to the ongoing investigation, Meta has issued a statement asserting that its policies prohibit the facilitation of illegal drugs on its platforms.

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A spokesperson for Meta told The Wall Street Journal, "The sale of illicit drugs is against our policies and we work to find and remove this content from our services. Meta proactively cooperates with law enforcement authorities to help combat the sale and distribution of illicit drugs."

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The Wall Street Journal has also reported that a special agent from the FDA has subpoenaed the Algorithmic Transparency Institute, a subsidiary of the National Conference on Citizenship, for records related to problematic drug content on Meta's social media platforms. The institute has reportedly handed over thousands of telehealth advertisements from Meta's archives, some of which featured prescription drugs.

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During the pandemic, telehealth companies heavily advertised prescription drugs on Facebook and Instagram, claiming to treat conditions such as anxiety and hyperactivity. Witnesses have testified that these advertisements have contributed to the misuse of drugs like Adderall.

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The Wall Street Journal has reported that some telehealth companies have advertised drugs without mentioning their negative side effects, and some have even advertised counterfeit versions of weight-loss drugs. Despite Meta's efforts to remove these advertisements, similar ones have quickly reappeared on the platforms.

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In February, lawmakers wrote to the FDA, urging the agency to take a more active role in regulating the advertisement of prescription drugs on social media. They pointed out that companies like Meta can evade legal responsibility through Section 230, which states that social media platforms are not legally liable, with some exceptions, for content posted by third parties.