TikTok, Tobacco, and Addiction, Oh My!

by Jessica Samuels

On October 8, 13 states and the District of Columbia sued TikTok, alleging that the social media company’s algorithm is designed to “promote excessive, compulsive, and addictive use” in children. While each state’s complaint was filed separately in state court, the cases are coordinated around the claim that TikTok’s design is deliberately addictive, exploiting kids’  dopamine reward circuitry to reinforce their use of the platform

These claims stem from a public reckoning of the effects of social media on children. New research has also led the surgeon general to announce a mental health crisis among young people. The lawsuits, arising from the desire to hold platforms accountable for exploiting children’s susceptibility to rewarding stimuli during development, present a novel theory of liability based solely on an algorithm’s ability to cause addiction rather than adverse mental health outcomes. Holding TikTok liable could lead to major changes in social media algorithms, reducing mental health harm.

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LISBON, PORTUGAL - 7 NOVEMBER 2017: Dr. Oz, heart surgeon & television personality speaks at the Web Summit, Lisbon.

The Dr. Oz Paradox

By Claudia E. Haupt

Why does the law sanction giving bad advice to one patient, while it permits giving bad advice to millions of YouTube or television viewers, which may result in significant physical harm?

We might call this the “Dr. Oz paradox.” Dr. Mehmet Oz, the Republican candidate in Pennsylvania’s U.S. Senate race, is a famous television personality as well as a licensed physician. But, according to one study, half of his publicly disseminated medical advice is wrong. Yet, his sizable audience may very well follow it anyway, and perhaps suffer harm as a result. Such bad advice, which could get any doctor in legal trouble if disseminated to their patients, may be given to the public at large without fear of sanction. The consequences of this sharp doctrinal distinction can be quite jarring.

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