By: Madison Bruner

On October 8, 2024, several states including Washington, California, and Oregon, filed lawsuits against TikTok, alleging that the app is harming children’s health. The states argue that TikTok is a dangerous product, intentionally designed to addict young people for profit. 

Washington Attorney General Bob Ferguson filed a suit in King County Superior Court citing authority under the Washington Consumer Protection Act (CPA). Washington’s CPA is designed to protect consumers from unfair or deceptive practices in trade and commerce. The associated complaint with the Attorney General’s suit is yet to be released. TikTok claims information in the complaint is confidential, but Ferguson requested the court unseal these records. Ferguson alleged that TikTok intentionally created an addictive platform and allowed users under 13-years old to bypass the age restrictions. Arguably, the algorithm can be considered an “unfair or deceptive act or practices in the conduct of any trade or commerce” because they are misleading the public about TikTok’s safety for children whilst having internal evidence that the app is harmful for young users. Numerous studies have found that TikTok and similar social media platforms engage in deceptive practices designed to maximize user engagement to keep them addicted to the app. This “dopamine slot machine” provides instant gratification for users but can cause lasting psychological effects, especially on impressionable children. Due to the compulsive user experience, the court could find that TikTok’s careful design of the app’s interface and algorithm violates Washington’s CPA. Ferguson’s second claim alleges that TikTok knowingly created a flawed data age restriction that allows children under thirteen to bypass safeguards prohibiting access to content, direct messages, and comments on videos.

As a policy matter, Ferguson highlighted the need for social media stating, “platforms like TikTok must be reformed and we know they are unwilling to do so on their own. I will not stop fighting to protect our kids and their mental health.” Other attorneys general have dubbed TikTok “digital nicotine” that negatively affects mental health conditions, attention, and sleep. TikTok maintains the app’s safety for minors, claiming that the app provides “robust safeguards, proactively remove[s] suspected underage users, and . . . voluntarily launched safety features.” 

However, TikTok’s profit-focused algorithm casts a shadow over these claims, prioritizing engagement and user retention over the well-being of its younger audience. TikTok’s interface includes infinite scroll and autoplay features that distort time and stimulate “telepresence” (immersion in a social media world). TikTok’s algorithm and personalized “For You” page shows users harmful content if users have interacted with it in the past. Due to their impressionable brains, children and teens may find it challenging to disengage from distressing content on the “For You” page–a feature that TikTok profits from. In 2022 alone, experts found that TikTok earned $2 billion in revenue from targeted advertising for US teens aged 13 to 17.

This lawsuit comes only a year after Ferguson sued Meta for similar allegations of harm to children’s mental health. Unsealed records indicated that Facebook CEO Mark Zuckerberg and other executives knew of the extensive risks to children through the addictive features of Instagram and Facebook, yet exploited these features for profit. Similar findings may be uncovered through the WA Attorney General’s investigation of TikTok. TikTok’s algorithm and lack of safeguards for young users contribute to growing concerns, especially as harmful trends continue to flourish on the app.

Viral TikTok Trends: Relatable or Harmful?

While many TikTok trends are humorous or entertaining, others can have detrimental mental health effects. For example, “doomscrolling,” the act of seeking and scrolling through negative online content, can lead to an increase in anxiety and depression. Another popular trend, “bed rotting,” involves the act of staying in bed for extended periods of time doing passive activities, and can lead to a sedentary lifestyle and exacerbate existing mental health conditions. Other seemingly positive trends, like making tanghulu—a Chinese candy made from fruit dipped in hot sugar—have led to children suffering second and third-degree burns when trying to recreate the viral recipes. Parents are increasingly concerned about the app due to the presence of profanity, sexualized dancing, and dangerous pranks, many opting to not allow their children to use the platform at all.

Social Media and Mental Health Issues in Youth

Large-scale reviews of TikTok content found videos that romanticize and encourage depressive thinking, self-harm and suicide. While some mental health content on the platform helps to de-stigmatize conditions such as anxiety, swaths of content presents a starkly different narrative. Troubling studies have found robust incidence of “pro-ana” (pro-anorexia) videos on the app. Adolescent girls face a higher risk of these negative effects as they grapple with ever-evolving beauty standards. TikTok plays a significant role in shaping these standards in a world dominated by beauty filters and body editing functionalities that are often undetectable to viewers.

Legal Implications for TikTok 

A ruling against TikTok in any jurisdiction may lead to an increase in negligence, consumer protection, or product liability lawsuits and subsequently contribute to TikTok’s financial liability. These lawsuits will likely harm TikTok’s reputation among parents, and may affect its user base, which is currently sitting at 1 billion monthly users. Additionally, TikTok may need to reform its algorithm and business practices to mitigate legal risks. Reforms may include stronger content moderation systems and parental controls. Today’s youth seeks community, while today’s parents seek safety. In navigating this delicate balance between fostering a community for its young users and ensuring their safety, TikTok will need to adapt proactively to meet the demands of both generations.