The social video platform was one of three companies - along with Meta's Instagram and Google's YouTube - facing claims that their platforms deliberately addict and harm children. A fourth company named in the lawsuit, Snapchat parent company Snap Inc., settled the case last week for an undisclosed sum.
Details of the settlement with TikTok were not disclosed, and the company did not immediately respond to a request for comment.
At the core of the case is a 19-year-old identified only by the initials "KGM," whose case could determine how thousands of other, similar lawsuits against social media companies will play out.
She and two other plaintiffs have been selected for bellwether trials - essentially test cases for both sides to see how their arguments play out before a jury and what damages, if any, may be awarded, said Clay Calvert, a nonresident senior fellow of technology policy studies at the American Enterprise Institute.
Joseph VanZandt, co-lead counsel for the plaintiff, said in a statement Tuesday that TikTok remains a defendant in the other personal injury cases, and that the trial will proceed as scheduled against Meta and YouTube.
Jury selection starts this week in the Los Angeles County Superior Court. It's the first time the companies will argue their case before a jury, and the outcome could have profound effects on their businesses and how they will handle children using their platforms.
The selection process is expected to take at least a few days, with 75 potential jurors questioned each day through to at least Thursday.
KGM claims that her use of social media from an early age addicted her to the technology and exacerbated depression and suicidal thoughts.
Importantly, the lawsuit claims that this was done through deliberate design choices made by companies that sought to make their platforms more addictive to children to boost profits. This argument, if successful, could sidestep the companies' First Amendment shield and Section 230, which protects tech companies from liability for material posted on their platforms.
"Borrowing heavily from the behavioural and neurobiological techniques used by slot machines and exploited by the cigarette industry, Defendants deliberately embedded in their products an array of design features aimed at maximising youth engagement to drive advertising revenue," the lawsuit says.
Executives, including Meta CEO Mark Zuckerberg, are expected to testify at the trial, which will last six to eight weeks. Experts have drawn similarities to the Big Tobacco trials that led to a 1998 settlement requiring cigarette companies to pay billions in health care costs and restrict marketing targeting minors.
The tech companies dispute the claims that their products deliberately harm children, citing a bevy of safeguards they have added over the years and arguing that they are not liable for content posted on their sites by third parties.
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