Pennsylvania Attorney General Dave Sunday announces lawsuit against TikTok

Pennsylvania Attorney General Dave Sunday announced on Tuesday that his office is suing TikTok, accusing the social media platform of designing its app to be “intentionally addictive” – while also regularly featuring “frequent and intense” adult content despite its “13+” rating. 

“TikTok intentionally designed its platform to be addictive to young people, maximizing the time kids spend on their platform to grow their bottom line,” the attorney general said Tuesday at a press conference at the state Capitol. “They want users, including children, to crave the app. They want users to endlessly scroll while they rake in astronomical ad revenue.”

Sunday added that he strongly believes that the information gathered by his office’s investigation shows “that TikTok designed their app to promote infinite scrolling that can deteriorate and decay a child’s mental wellness.” 

The 65-page lawsuit argues that developers deliberately designed TikTok in ways that make it addictive, and that the company has downplayed the prevalence of adult-themed content – including content that depicts drug and alcohol use, profanity, sexual activity and violence – to secure a “13+” rating on various app stores. 

According to the lawsuit, TikTok has stated through the Apple App Store that its platform contains “infrequent/mild” levels of sexual content, profanity, alcohol and drug use, and other mature themes. But the attorney general’s office disagrees. 

“All of those representations are false,” the suit reads. “The TikTok app contains frequent and intense sexual content and nudity, profanity and crude humor, mature and suggestive themes, and alcohol, tobacco, and drug use and references.”

To underscore the addictive nature of TikTok, Sunday pointed to the viral slang term “bed rotting,” which refers to people spending extended periods of time in bed scrolling on their phones. 

“TikTok’s infinite scroll feature promotes that,” Sunday said. “And if you haven’t been on the app in a while, they will send you a very enticing push notification to try and lure you back.”

The lawsuit argues that TikTok violated the state’s Unfair Trade Practices and Consumer Protection Law by misrepresenting the level of adult-themed content on its app to receive a “13+” age rating, with the AG’s office adding that the app should instead have a “16+” or “18+” rating. The lawsuit also suggests that TikTok has deceived Pennsylvania consumers by making its app addictive through “deliberate design choices.”

The lawsuit was filed in the Allegheny County Court of Common Pleas.

Sunday said the lawsuit “seeks to put into place effective barriers and safeguards that will consider the child consumer’s well-being and safety.” 

A spokesperson for TikTok pushed back on characterizations made in the lawsuit. 

"This lawsuit relies on misleading and inaccurate claims and deliberately ignores the concrete safety measures TikTok has voluntarily implemented to support the well-being of our community,” a spokesperson told City & State in a statement. 

“Teen accounts have 50 preset safety, privacy and security settings built-in, and TikTok’s Family Pairing tools give parents direct control over screen time and content filters,” the statement continues. “We will vigorously defend against these claims."

Sunday spoke with City & State earlier this year about how new technologies are altering everyday life for Pennsylvanians, highlighting the need for a balance between innovation and public safety. “Innovation and technology are not mutually exclusive from protecting children. We can do both, and we must do both. It’s that simple,” Sunday said.

With children and teens exposed to a range of new technologies and products, ranging from TikTok to AI chatbots, Sunday said it’s important that parents be aware of the apps and platforms their children use. 

“Talk to your child,” he said. “Be a part of their life in that space.”