TikTok class action alleges boy died after he mimicked choking challenge videos

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TikTok choking challenge class action overview: 

• Who: A group of parents who say their children were harmed or died after viewing harmful content on TikTok are suing the social media company. 
• Why: The plaintiffs say TikTok falsely represented that it had an effective way of monitoring harmful content on the platform. 
• Where: The TikTok choking challenge class action was filed in an Indiana federal court. 

A group of parents who say their children were injured or died after viewing harmful content, such as the choking challenge, on TikTok and YouTube are suing the social media companies in a class action lawsuit, saying they falsely represented that they had an effective way of monitoring and removing harmful content on their platforms.  

Plaintiffs Bogard, McGrath, Jane Doe and the Becca Schmill Foundation filed the class action lawsuit against TikTok Inc. Bytedance Inc., Alphabet Inc., XXVI Holdings Inc., Google LLC and Youtube LLC on Feb. 1 in an Indiana federal court, alleging violations of state and federal laws. 

Among the plaintiffs are the parents of Mason Bogard, a “kind, fun, generous” 15-year-old in Indiana who allegedly mimicked choking challenge videos he saw on TikTok and YouTube and died by accidental strangulation May 1, 2019. 

The plaintiffs also include the parents of Griffin McGrath, “a gifted musician and science whiz” who was found dead in his bedroom Feb. 4, 2018. According to the lawsuit, Griffin was 13 when he saw choking challenge tutorials on YouTube and decided to try it while video chatting with his friends.

“Mason and Griffin’s unthinkable deaths are only two of more than one hundred children’s deaths across the country and worldwide,” the class action alleges. According to the plaintiffs, as of Jan. 26, 2023, 1,227 deaths and 144 injuries caused by the choking challenge have been counted globally. 

The other plaintiffs are Jane Doe, a mother who was told a bullying video about her son was going viral, and the The Becca Schmill Foundation, formed in memory of Rebecca Mann Schmill, an 18-year-old who died Sept. 16, 2020, from fentanyl poisoning after buying drugs through a social media platform. 

Social media platforms falsely represent having effective moderation tools, lawsuit alleges

TikTok and YouTube falsely represent having effective moderation tools, the parents allege. 

They say they and other users proactively took the role of reporting harmful contents to TikTok and YouTube and relied upon the companies’ promise to review the reports and respond to them.

However, instead of acting on the complaints, the companies instead send automated messages to users who report harmful content, and take the position the reported material is “not against community guidelines,” the plaintiffs state. 

“Defendants’ reporting procedures for harmful content are automated, superficial, and inadequate for providing millions of users the safety and security that Defendants purport to provide per their own policies,” the lawsuit states. 

No procedures exist for people to appeal or seek clarifications regarding the reasons for these decisions, the lawsuit says.

The plaintiffs seek to represent all people who used TikTok and YouTube and who made safety reports through the process set forth by the defendants from January 2020. They are suing under product liability laws and for negligence, fraudulent misrepresentation and violations of state consumer laws. 

They seek certification of the class action, an order forcing TikTok and YouTube to improve their reporting functions and conduct systemic risk reports of harmful content on the platforms, plus damages of no less than $5 million to the plaintiffs, fees, costs and a jury trial. 

Last year, TikTok was hit with a class action lawsuit alleging it secretly amassed “massive amounts” of highly invasive information and data about its millions of users by tracking their activities on third-party websites.

What do you think of the allegations in this case against TikTok? Let us know in the comments. 

The plaintiffs are represented by Andrew Rozynski, Juyoun Han and Eric Baum of Eisenberg & Baum LLP. 

The TikTok YouTube class action lawsuit is Bogard, et al. v. TikTok Inc., et al. Case No. 3:23-cv-00012-RLY-MPB in the U.S. District Court for the Southern District of Indiana. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Mother asks court to overturn ruling giving TikTok immunity from liability in child’s death
• TikTok class action alleges company records data outside app use
• Indiana sues TikTok over data sharing, inappropriate content
• TikTok class action claims company collects ‘massive amounts’ of user data