Fentanyl overdose lawsuit against Snapchat can move forward in landmark case, judge says

Judge allows lawsuit against Snap to continue

A judge has allowed a lawsuit against Snap, Inc. to go forward. The lawsuit from parents claims the Snapchat app is responsible for allowing drug dealers easy access to children.

LOS ANGELES - A Los Angeles judge moved a landmark fentanyl overdose case forward Tuesday by approving several allegations in a lawsuit made against Snapchat.

Judge Lawrence Riff denied Snapchat's motion to dismiss the lawsuit, which was filed by dozens of families who lost young relatives to fentanyl overdoses. In each case named in the suit, the fatal drug was obtained through the social media app.

Since the lawsuit was filed in October 2022, more than 60 families have come forward with allegations.

In an extended version of the complaint filed in April 2023, the families involved said that Snap, Inc., Snapchat's parent company, and the social media app’s role in illicit drug sales to teens was the "foreseeable result of the designs, structures, and policies Snap chose to implement to increase its revenues."

PREVIOUS COVERAGE: Families suing Snapchat over algorithm they say links children to drug dealers

The families also alleged that Snapchat's disappearing message function can perpetuate illegal conduct by allowing users to obscure their actions, according to court documents.

"As soon as parents like us can sue and succeed from the harm that's done to our children online, the platforms will change their behavior and make it safe," said Sam Chapman, whose 16-year-old son Sammy died from an overdose after buying a fentanyl-laced pill from a drug dealer on Snapchat.

Snap, Inc. denies any wrongdoing in these cases. The company says they are not responsible for what people do on their platform.

"I don't hold them responsible for what the drug dealer said to my son or what my son said to the drug dealer. I hold them responsible for the fact that they met at all and the drug dealer was driven to kids at my son's school through their quick ad feature and their Snap Maps, which tell everybody where every kid is," Chapman added.

"While we are committed to advancing our efforts to stop drug dealers from engaging in illegal activity on Snapchat," said a Snap, Inc. representative, "We believe the plaintiffs' allegations are both legally and factually flawed and will continue to defend that position in court.

The crisis of fentanyl and Snapchat

Fentanyl related overdoses among teenagers is a growing concern. A lawsuit filed against Snapchat claims teens had access to the fatal drug through the social media app.

The judge allowed 12 of these allegations to advance Tuesday, including lawsuits filed by Sam Chapman, Amy Neville and Matthew Capelouto.

Social media companies are typically shielded from legal action under Section 230 of the Communications Decency Act. This law protects online tech companies against any legal claims or lawsuits filed because of activities that occur on their platforms.

PREVIOUS COVERAGE: Fighting Fentanyl: Sammy's Law paves the way for digital protection and parental control

However, in this case, the judge dismissed Snapchat's challenge that the social media platform is not a product, a claim that might have protected the social media platform under the product liability law if it had been accepted. Such a dismissal appears to dodge the Section 230 shield, perhaps holding Snapchat liable for activities that occurred on their platform.

The families are seeking unspecified compensatory and punitive damages according to court documents, but previously told FOX 11 that they want Snapchat's algorithm changed, and for the social media platform to allow child monitoring software.