Utah filed a lawsuit against TikTok on Tuesday, claiming the app harms children in the state by knowingly creating an “addicting” social media platform that damages children’s mental health.
The state argues TikTok violates the Utah Consumer Sales Practices Act (UCSPA) in its complaint. The lawsuit focuses on TikTok’s “deceptive” and “misleading” conduct, raising three main aspects of its business that allegedly violate the UCSPA. First, the state claims that the inherent nature of TikTok is addictive, and that the app “intends” to “manipulate children,” which results in an illegal unconscionable business practice. Relatedly, the second allegation states TikTok “misrepresents” that the app works to “support the well-being of everyone on the app” and is a “safe” space for children. In June 2022, TikTok rolled out new efforts to limit users’ screen time use by reminding them to take a water break or get some sleep if they scrolled for an extended amount of time.
The final allegation concerns TikTok’s parent company, ByteDance, which is based in China. The state asserts TikTok “misled” consumers that its business is not as connected to China as it actually is. This connection to China has been a point of interest for some time concerning users’ data privacy. In March, TikTok CEO Shou Chew testified in front of the US House Committee on Energy and Commerce about national security concerns regarding its consumer privacy and data collection practices.
The complaint also includes a section explaining the amount of time certain age groups spend on TikTok each day, but these numbers are redacted. Ultimately, the complaint seeks to prevent TikTok from violating UCSPA and more than $600,000 in damages.
Emphasizing the allegations of intentional misinformation by TikTok, Utah Governor Spencer Cox stated, “We will no longer tolerate TikTok misleading parents that its app is safe for children. Social media companies must be held responsible for the harms they are causing.”
In June, US Surgeon General Vivek Murthy released an advisory explaining that social media use by children has been shown to result in death by suicide, self-harm, eating disorders, extortion, addiction to social media, and exposure to racism.
This is not the first time TikTok has faced issues regarding children’s safety. In the US, Montana became the first state to ban TikTok in May. Internationally, TikTok has faced increasing scrutiny, as well. Somalia banned TikTok in August for its “undue influence on Somali youths,” with some instances resulting in the death of children. A data protection agency in Ireland fined TikTok €345 million in September over TikTok’s use of minors’ data.
