Hawai‘i Files Consumer Protection Lawsuit Against TikTok and ByteDance for Alleged Child Harm
Hawai‘i Attorney General Anne Lopez has filed a consumer protection lawsuit against ByteDance and its TikTok entities, claiming the company marketed an addictive and harmful platform to children while failing to warn families about the risks. The complaint, filed in the First Circuit Court in Honolulu, states that TikTok expanded its audience and earnings by promoting features that encourage prolonged use among minors.
The filing states that TikTok uses tools that suggest videos and prompt users to remain active on the platform. Internal documents describe these functions as coercive design tactics that rely on psychological triggers. The State argues they are particularly concerning for young users, who have limited ability to manage screen time and are more responsive to built-in rewards.
The complaint asserts that TikTok’s appeal among minors has long played a central role in the company’s growth. The filing adds that the platform’s business model depends on keeping audiences engaged for extended periods because increased use leads to higher advertising revenue. It further notes that TikTok did not adopt certain safety measures because they could reduce time spent on the platform.
Hawai‘i also alleges that TikTok did not fully warn families about possible mental health effects linked to heavy use. The complaint cites research showing that many teenagers spend hours on the app each day and argues that this level of activity may contribute to anxiety and other issues. The State says that TikTok was aware of these problems but did not clearly disclose them. The Attorney General’s office noted that these matters reflect broader concerns about youth mental health and the need for clearer information about how extended use of digital platforms may affect young people.
Another section of the lawsuit focuses on accounts belonging to younger children. The suit states that TikTok collected personal information from these users without parental consent, and the complaint says this practice continued even after federal enforcement actions involving similar issues. Under the Children’s Online Privacy Protection Act, companies must obtain permission from a parent before collecting data from children under 13. The State notes that earlier federal actions show the company has long been aware of these obligations.
The State also claims that ByteDance retained significant control over TikTok’s operations and product decisions. Public reports and testimony before Congress are cited to show that key choices involving recommendation systems and data practices were made by personnel outside the United States. The complaint explains that this structure shaped how the platform developed and how its safety policies were implemented.
Hawai‘i brings the action under the state’s Unfair or Deceptive Acts or Practices law, known as UDAP. Consumer protection laws like UDAP are intended to prevent companies from misleading the public or engaging in practices that cause meaningful harm. A practice may qualify as unfair if it causes injury that consumers cannot easily avoid and if any benefits are outweighed by the damage it causes. The State argues that TikTok’s design choices meet this standard because minors may not understand or avoid features that encourage longer engagement.
The suit also raises deceptive-practice claims. A practice can be considered deceptive if it is likely to mislead a reasonable person about something important. Hawai‘i claims TikTok created the impression that the app was safe for young users while internal documents indicated ongoing risks. The filing states these representations influenced how families understood the platform and how much time children spent on it.
The lawsuit comes as courts and policymakers across the country examine how social media platforms affect young people, including multidistrict litigation in California in which school districts and families claim several major services contribute to youth mental health concerns. The Hawai‘i complaint states that the issues raised in this case raise similar questions about business models that benefit from extended use. The suit adds that these concerns are especially relevant when platforms rely on features designed to keep users active for long periods.
Under Hawai‘i’s consumer protection laws, the Attorney General can request penalties, financial relief, and court orders to halt unlawful conduct. The complaint asks the court to impose penalties for each violation, changes to TikTok’s marketing and data practices, require TikTok to adopt measures that protect children in the state, and order an accounting of revenue earned in Hawai‘i. The Attorney General’s office stated that these remedies are intended to ensure that users receive accurate information and that safeguards are put in place for young people in the state.
