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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.

Big Tech Fires Back: No Duty to Prevent Harm

The defendants, however, argued that their reporting tools are not “products” under liability law and that they have no legal duty to prevent harm. YouTube and TikTok insisted that the tragic deaths were not a reasonably foreseeable consequence of their content moderation decisions.

Judge DeMarchi agreed, stating the plaintiffs failed to pinpoint a specific design defect. She ruled that their complaints essentially challenge the platforms’ decisions on whether to remove reported videos—an issue more aligned with editorial discretion than product liability.

“This is an objection to defendants' decisions, after receiving plaintiffs' reports, to remove or not remove certain videos,” the judge wrote, making it clear that content moderation policies do not fall under traditional product liability laws.

The court also found no basis for emotional distress claims, determining that the plaintiffs' suffering was tied to content moderation choices, not a defect in a tangible product.

A Battle Far From Over

The lawsuit’s dismissal comes more than two years after it was first filed. The plaintiffs include Indiana mother Joann Bogard, whose son died in 2019 after attempting the "choking challenge" on YouTube, and Wisconsin’s Annie McGrath, who lost her son in 2018 to the same viral trend. Both mothers say their attempts to report the content fell on deaf ears.

Another plaintiff, Jane Doe of Oregon, alleges her son was bullied in a TikTok video. Despite an initial claim that it didn’t violate guidelines, TikTok later removed it after further internal review. The plaintiffs argue the platforms' reporting tools give users a false sense of security, positioning them as a “first response hotline” when in reality, there are no guarantees of content removal.

Judge DeMarchi rejected that analogy, finding no evidence that YouTube or TikTok assumed a duty to immediately remove harmful content. She also noted that nothing prevents users from seeking help through other means, such as reporting videos to law enforcement.