More than 12 states along with the District of Columbia have initiated legal action against TikTok, claiming that the widely-used short-video platform is engineered to be addictive for children, posing risks to their mental health.
These lawsuits follow a national inquiry into TikTok that was initiated in March 2022 by a bipartisan group of state attorneys general, including those from states like New York, California, Kentucky, and New Jersey. All these cases have been lodged in state courts.
Central to these legal challenges is TikTok’s algorithm, which customizes the main “For You” feed to showcase content that aligns with the individual preferences of users. The lawsuits highlight features within the app, such as unlimited scrolling capabilities, push notifications that prompt engagement through “buzzes,” and face filters that promote unrealistic beauty standards, which they argue draw children deeper into the platform.
California Attorney General Rob Bonta criticized TikTok’s prioritization of profit over children’s health, stating, “They’ve chosen profit over the health and safety, well-being and future of our children. And that is not something we can accept. So we’ve sued.”
This set of lawsuits follows closely behind a year in which numerous states took action against Meta Platforms Inc., the parent company of Instagram, for similar allegations about harming the mental well-being of young people through deliberately addictive features.
According to District of Columbia Attorney General Brian Schwalb, keeping users engaged is how these companies generate significant advertising revenue. However, he also noted that this practice can lead to detrimental mental health outcomes for users.
These legal actions are part of a broader trend recognizing the influence of social media on youth, echoing earlier coordinated efforts against the tobacco and pharmaceutical industries. TikTok, however, is further confronted by the potential loss of its ability to operate in the U.S. due to a federal law passed earlier this year that could lead to a ban if its parent company, ByteDance, does not divest from the platform by mid-January. Legal challenges by TikTok and ByteDance against this law are currently pending in an appeals court.
Filings from the District of Columbia label TikTok’s algorithm as “dopamine-inducing,” asserting that it has been crafted specifically to be addictive, consequently ensnaring young users in prolonged engagement and leading to severe psychological issues like anxiety, depression, and body dysmorphia.
In response to the lawsuits, a TikTok spokesperson expressed disappointment, stating that the company had been collaborating with state attorneys general for two years on these issues. “We strongly disagree with these claims, many of which we believe to be inaccurate and misleading,” said TikTok spokesperson Alex Haurek. “We’re proud of and remain deeply committed to the work we’ve done to protect teens, and we will continue to update and improve our product.”
While TikTok has policies prohibiting children under 13 from joining its primary service and restricting certain content for users under 18, legal officials from Washington and other states assert that children can easily circumvent these barriers. This allows access to potentially harmful content on platforms that the company claims are safe for younger users.
The District of Columbia has also accused TikTok of operating outside regulatory bounds by facilitating in-app purchases of TikTok Coins— a virtual currency— and enabling users to send “Gifts” to creators during live streams, who can convert this currency into real money. The platform reportedly takes a substantial 50% cut from these transactions but has not registered as a money transmitter with the U.S. Treasury Department or district authorities.
Officials contend that TikTok’s live streaming feature often leads to exploitation of minors for explicit content, likening it to a “virtual strip club” lacking age restrictions, with the company profiting from these financial exchanges.
The group of 14 state attorneys general aims to restrain TikTok’s use of such features, impose financial penalties for alleged illegal conduct, and seek reparations for affected users.
Social media usage has become prevalent among teens in the U.S., with nearly universal engagement reported among those aged 13 to 17. A Pew Research Center study indicates that about one-third of these teens use social media almost continuously.
A recent survey from the Centers for Disease Control and Prevention, involving around 20,000 teenagers, revealed a correlation between high social media usage and persistent feelings of sadness or hopelessness among students.
On the same day, an additional 22 states, including Alabama, Colorado, Florida, and Michigan, submitted an amicus brief to support a Tennessee court’s demand for TikTok to disclose documents in relation to a multi-state investigation, which TikTok is accused of withholding or destroying.
After TikTok’s failure to provide requested documents last year, 46 states, including Minnesota, had previously filed an amicus brief backing Tennessee’s demands.
Additionally, Texas Attorney General Ken Paxton recently filed a lawsuit against TikTok, alleging the platform shared and sold personal information of minors in violation of a new state law prohibiting such practices. TikTok is contesting these allegations and is currently facing a federal lawsuit from the Department of Justice concerning similar data privacy issues.
Several states with Republican leadership, such as Nebraska, Kansas, New Hampshire, Iowa, and Arkansas, have also pursued lawsuits against TikTok, citing negative mental health impacts and claims of inappropriate content directed at children.
