A California federal judge has dismissed—for now—a high-stakes lawsuit accusing YouTube and TikTok of failing to remove deadly “choking challenge” videos. The lawsuit, brought by grieving parents, claims the platforms’ reporting tools are defectively designed, but the court found the claims lacked clarity on the alleged design flaw.
Parents’ Fight for Accountability Hits a Legal Wall
In a 35-page ruling issued Monday, U.S. Magistrate Judge Virginia DeMarchi dismissed without prejudice a proposed class action against YouTube, its parent company Google, and TikTok. The lawsuit alleges the companies ignored safety reports, allowing viral challenge videos to remain online—content that led to the tragic deaths of at least two children.
Despite their desperate pleas to have the videos removed, the plaintiffs claim they were met with silence or inaction. They say the emotional toll has been unbearable, leaving them re-traumatized and grappling with unresolved grief.
The lawsuit sought to hold YouTube and TikTok liable under multiple legal theories, including strict product liability, negligence, and deceptive trade practices. It represented all users who reported harmful content through platform safety tools from January 2020 onward.
