By Robert Burnson, Bloomberg
A judge said TikTok Inc. should have to face California’s claims that the platform’s features are addictive and harmful to kids.
In a tentative ruling Wednesday, the judge said the company isn’t immune from the state’s allegations that the platform preys on young people through algorithms that keep them scrolling to maximize profits.
Santa Clara County Superior Court Judge Beth McGowen in San Jose tentatively denied the company’s request to dismiss the suit under Section 230 of the Communications Decency Act, the 1996 federal statute that shields companies from liability over comments, ads, pictures and videos on their platforms.
The judge reasoned that the states’ claims are based not on TikTok’s content or status as a publisher, but on the platform’s design. She scheduled a hearing for Thursday for TikTok to challenge her conclusions before she issues a final ruling.
In 2024, California, New York, a dozen other states and the District of Columbia sued TikTok and its Beijing-based parent, ByteDance Ltd., alleging under consumer protection laws that the company deceives users about its child safety tools.
The allegedly addictive features include autoplay, infinite scrolling and livestreams. The states also targeted TikTok features like beauty filters, which they contend damage children’s self-esteem and mental health.
ByteDance and TikTok didn’t immediately respond outside regular business hours to a request for comment.
TikTok, Snap Inc., Google and Meta Platforms Inc. are facing thousands of suits filed on behalf of young people who blame social media for their mental health struggles. The first jury trial over those claims is under way in Los Angeles Superior Court.
The case is People of the State of California v. TikTok Inc., 24CV449203, California Superior Court, Santa Clara County (San Jose).
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