Judge Kuhl further clarified that the claims were based on the allegedly harmful design features of the apps, not the content posted by users. “The allegedly addictive features of defendants’ platforms… are based on harm allegedly caused by design features that affect how plaintiffs interact with the platforms regardless of the nature of the third-party content viewed,” the judge wrote.
However, the court did rule in favor of the tech companies in one area, striking failure-to-warn claims regarding TikTok’s “challenge videos,” which were found to be third-party content protected by Section 230.
This ruling allows the mass tort case to move forward, with failure-to-warn claims continuing alongside allegations of negligence and concealment. Bellwether discovery is underway, and the first trial is tentatively set for fall 2025. Parallel federal claims are also in progress as part of multidistrict litigation in the Northern District of California.
Plaintiffs’ attorney Joseph VanZandt of Beasley Allen Law Firm expressed satisfaction with the ruling, emphasizing their readiness to present evidence at the first bellwether trial. In response, a Meta spokesperson stated that the company disagreed with the decision and plans to continue defending against the claims under Section 230.
