‘Blackout Challenge’ TikTok lawsuit moves forward in court after death of 10-year-old

A Pennsylvania mother is suing the popular social media platform TikTok following the death of her 10-year-old daughter, who’d purportedly tried a viral challenge she discovered on the app.

TikTok is home to a sweeping list of challenges and trends. It wasn’t so long ago that the app had everyone trying out recipes for baked feta pasta or even trying out viral weight loss ‘hacks.’

However, some of these challenges can be dangerous. TikTok notably removed all videos of the Milk Crate Challenge last year after doctors reported numerous injuries resulting from the precarious trend.

Now, another major challenge on the app is undergoing scrutiny… this time due to the death of a 10-year-old child.

Mother sues TikTok after death of 10-year-old daughter

Tawainna Anderson is hitting TikTok with a lawsuit following the death of her 10-year-old daughter, Nylah, who passed away in December 2021 after purportedly attempting the ‘blackout challenge.’

The ‘blackout challenge’ dares participants to hold their breath for as long as they can before passing out.

• Read More: Domino’s worker claims he was fired for “satirical” TikToks

Anderson is accusing TikTok of having a ‘defective design,’ with her lawsuit claiming “the viral and deadly TikTok Blackout Challenge was thrust in front of Nylah on her TikTok For You Page (“FYP”) as a result of TikTok’s algorithm.”

“The TikTok Defendants’ algorithm determined that the deadly Blackout Challenge was well-tailored and likely to be of interest to 10-year-old Nylah Anderson, and she died as a result,” it continues.

• Read More: What is the “tomato tomato tomato” TikTok sound?

Following Nylah’s death, TikTok made a statement about the viral trend. “This disturbing ‘challenge,’ which people seem to learn about from sources other than TikTok, long predates our platform and has never been a TikTok trend,” a spokesperson said.

“We remain vigilant in our commitment to user safety and would immediately remove related content if found. Our deepest sympathies go out to the family for their tragic loss.”

TikTok lawsuit successfully filed after being dismissed 

The U.S. District Court for the Eastern District of Pennsylvania initially dismissed the lawsuit, as a judge found TikTok protected by Section 230 of the Communications Decency Act of 1996.

However, after a July 2024 Supreme Court ruling about state regulations for social media, a judge found that TikTok’s algorithms were not protected by Section 230. This decision made it possible for Nylah’s mom to successfully pursue her lawsuit again.

TikTok’s ‘blackout challenge’ claims several lives

While Nylah’s death has been mourned by her mother and loved ones, the 10-year-old wasn’t the only TikToker to have died from participating in the blackout challenge.

In April 2021, a 12-year-old social media user from Colorado died after trying the viral trend. Months later in July, another TikToker died in his Oklahoma home from the same challenge.

After the blackout challenge claimed the lives of multiple individuals, the term now appears to be unsearchable on TikTok.

When looking for the viral trend in the search bar, users will get a message that reads: “Some online challenges can be dangerous, disturbing, or even fabricated. Learn how to recognize harmful challenges so you can protect your health and well-being.”