TikTok loses bid to dismiss lawsuit alleging its 'addictive design' exploits kids

A New Hampshire judge has dismissed TikTok's motion to drop a lawsuit that claims the platform employs manipulative design tactics targeted at children and teenagers. Attorney General John Formella commented on the ruling, stating, "The Court's decision is a significant step toward holding TikTok accountable for its practices that jeopardize children's safety." Judge John Kissinger Jr. of the New Hampshire Superior Court determined that the allegations against TikTok are sufficiently detailed and credible to warrant further examination. He highlighted that the claims focus on the app's purportedly harmful design elements rather than the content generated by its users. The lawsuit contends that TikTok is deliberately engineered to be addictive, with the intent of exploiting its younger audience. It accuses the platform of incorporating features that promote prolonged engagement, which in turn increases children's exposure to advertisements and encourages purchases through TikTok's e-commerce arm, TikTok Shop. This case reflects a growing trend among state attorneys general who are scrutinizing the design aspects and safety measures of technology companies rather than just the user-generated content. Similar accusations have been directed at Meta, which has faced criticism from multiple states for features across its various applications that allegedly harm children's mental health. New Mexico recently filed a lawsuit against Snapchat, claiming the app fosters an environment that facilitates predatory behavior targeting minors. In April, Discord also found itself embroiled in legal troubles when the New Jersey attorney general took action over misleading claims regarding child safety features. Despite efforts in Congress to regulate social media platforms, initiatives like the Kids Online Safety Act, which aims to impose a "duty of care" on these companies to protect children, have struggled to gain traction. TikTok's legal challenges come at a time when its status in the U.S. remains precarious. In April 2024, President Joe Biden enacted legislation requiring the parent company ByteDance to divest its ownership of TikTok or face a ban. The app has previously been removed from the Apple and Google app stores, although enforcement of the ban has faced delays under the Trump administration. As discussions about its future continue, TikTok is reportedly in the process of developing a new version of its app specifically for U.S. users, which may operate on a distinct algorithm and data framework.