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Formella Joins Lawsuit Targeting TikTok, Says Children’s Health at Risk

New Hampshire Attorney General John Formella says he believes the TikTok app is hurting children and teens and adding fuel to the nation’s youth mental health crisis. Now he has joined a national effort by his fellow attorneys general demanding more transparency from a company known for its ties to China’s communist regime.

Last December, Gov. Chris Sununu signed an executive order banning TikTok from state-issued smartphones.

On Monday, Formella joined 46 other state attorneys general in asking a Tennessee judge to order the company to open up its internal communications for review. 

Our youth spend hours on social media platforms each day. We already know that on TikTok they are being exposed to harmful content including, but certainly not limited to, potentially deadly viral challenges, bullying, and graphic content showcasing sexual images and drug use,” Formella said. 

The Tennessee lawsuit has become a national fight as evidence mounts that too many children and teens are ending up with mental health disorders because of social media addictions enabled by the tech giants. Parents and communities need to act to protect children, and states need to get involved, too, according to Formella.

Attorney General John Formella

“As we work to help parents better protect their children online, we must be able to thoroughly investigate and understand the methods and techniques utilized by TikTok to boost young user engagement, including how the company specifically works to increase the duration of time spent on the platform as well as the frequency of engagement with the platform,” he said.

The attorneys general want to review internal TikTok communications to see if the company engaged in deceptive, unfair, and unconscionable conduct that harmed the mental health of TikTok users, particularly children and teens. The company has been stalling, handing over useless data and even deleting records, according to claims made in court documents.

The amicus brief signed by Formella and his counterparts claims TikTok employees use a messaging system called Lark for internal communications, and that the employees have the app set to erase the content.

“TikTok has flouted its duty to preserve communications and provide them in an unusable format. They have instead continued to allow employees to send auto-deleting messages over the Lark platform after the start of the investigation and have provided messages to the states in a format that is difficult to use and navigate,” according to Formella’s statement.

 Congress could move this week to give President Joe Biden the authority to institute a national ban on the app, which is considered a national security threat.

“TikTok is the Chinese Communist Party’s backdoor into American phones,” Texas Republican Rep. Michael McCaul, the House Foreign Affairs Committee chair who is behind the law authorizing Biden to ban apps and software nationally.

TikTok is owned by the Chinese company ByteDance, which has ties to China’s Communist government. There are concerns about TikTok gathering intelligence data on Americans, as well as the app giving an authoritarian and hostile China the ability to easily disseminate misinformation.

FBI Director Christopher Wray considers the app a potential threat.

“All of these things are in the hands of a government that doesn’t share our values, and that has a mission that’s very much at odds with what’s in the best interests of the United States. That should concern us,” Wray said.

Formella is focusing on the impact TikTok is having on teens and preteens, especially girls. 

“The Centers for Disease Control and Prevention released findings demonstrating a startling increase in challenges to youth mental health, youth experiences of violence, and suicidal thoughts and behaviors among teenagers, especially teenage girls. This includes a finding that nearly one-third of teen girls seriously considered suicide in 2021, a nearly 60 percent increase from a decade prior,” Formella said in the statement.

A TikTok spokeswoman noted Congress passed a ban on the app from federal devices in December, dismissing it as “little more than political theater.”

“The swiftest and most thorough way to address any national security concerns about TikTok is for CFIUS to adopt the proposed agreement that we worked with them on for nearly two years. These plans have been developed under the oversight of our country’s top national security agencies, and we are well underway in implementing them to further secure our platform in the United States,” she said.

Some analysis finds TikTok is replacing Google as a top source for information, including news, among Gen Z consumers.

New Hampshire One of America’s Best on Child Well-Being

New Hampshire is one of the best states in the country for children, according to the most recent Annie E. Casey Foundation Kids Count report.

It is second only to Massachusetts when it comes to how well children thrive. The Kids Count data book looks at economic health, education, health, and family and community data. The data show the Northeast is one of the best regions in the country overall for kids.

“A child’s chances of thriving depend not only on individual, family and community characteristics but also on the state in which they are born and raised,” the report states. “States vary considerably in their wealth and other resources. Policy choices and investments by state officials and lawmakers also strongly influence children’s chances for success.”

Gov. Chris Sununu said the report shows New Hampshire is on the right track when it comes to making sure children thrive. The state has made key investments to help support communities and families, he said.

“Here in New Hampshire, our investments in mental health and public education have delivered results for children and families across the 603 – earning the Granite State the #2 spot for family and community and #2 for overall child well-being,” Sununu said. “With top rankings in economic well-being, best education, and best health too, these rankings all make one thing clear: New Hampshire is the best state for in the country for families.”

The Kids Count report shows New Hampshire is second for overall child well-being; second for family and community; second for health, up from third in 2021; fourth for economic well-being, up from sixth in 2021; and fourth for education, up from fifth in 2021.

Sununu said New Hampshire continues to earn recognition for the high quality of life in the Granite State. Recent studies have placed New Hampshire first for Overall Freedom; first for Public Safety and Corrections; first for Economic Freedom; the fastest growing economy in the nation; the fastest growing state in the Northeast; the lowest poverty rate in the country; and a top emerging housing market.

There are still serious problems facing New Hampshire’s children, however. The COVID-19 pandemic is leading to a mental health crisis, especially for kids, as the families and communities try to emerge from the disruptive pandemic measures.

“Schools went virtual. So did many jobs, while others vanished, and the economy convulsed. We isolated ourselves and our families. The health care system buckled even as doctors, nurses, researchers, and others strove tirelessly to save lives. By July 2022, over 1 million people in America had died from the novel coronavirus, including more than 1,600 children. Over 200,000 kids in the United States lost a parent or primary caregiver during that same period. In short, the coronavirus upended everyday life to an extent not seen since World War II,” the report states.

Reports of anxiety and depression are up 27.8 percent among Granite State children, above the national increase of 25.5 percent, according to the report. Much of the increase is seen as a reaction to two years of pandemic life.

“COVID-19 took hold in the United States in March 2020. It shuttered schools and childcare facilities; canceled youth sports and activities; and shut down libraries and recreational centers. It also cut off access to the places where children hang out informally: malls, movie theaters, and even outdoor playgrounds. Suddenly, most kids’ only connection with their peers was through the screens on their mobile devices, if they had them,” the report states.

“From lost playtime for younger children to canceled proms, graduations, and summer jobs for teens, the world simply stopped being what it had been for millions of young people. Teens reported spikes in symptoms of anxiety or depression as they weathered uncertainty, fear, and concerns for the health and safety of themselves, their families, and their friends.”

Cassandra Sanchez, New Hampshire’s Child Advocate, said the state is in a mental health crisis. Families across the state are struggling to get the help they need. Because of a shortage of counselors and therapists in New Hampshire, families are waiting months to be able to get help, she said.

“We are just in a very tough time where the openings in the workforce for those services are not completely filled,” Sanchez said. “We have high needs, and not enough people to deliver the services for those needs.”

Sanchez said efforts are being made to attract and hire more workers, including raising wages to bring people from out of state.

“We need competitive pay to attract people,” she said.