‘The Blackout Challenge’: TikTok sued by mother following teen’s death tied to viral social media trend
Inset: Jaedon Bovell (TikTok). Background: Michelle Ortiz speaking to reporters outside Delaware Superior Court where her wrongful death lawsuit is being weighed by a judge (WPVI/YouTube).
Posted For: Hauviette
A Delaware mother says her 17-year-old son died while attempting to copy a dangerous viral trend on TikTok known as the “Blackout Challenge,” which allegedly encourages users to restrict their breathing until they lose consciousness. Her son is now one of at least five minors named in a wrongful death lawsuit currently under review by a Delaware judge.
“He had no idea it was going to kill him,” Michelle Ortiz told the Delaware News Journal during an interview outside a Wilmington courtroom, where a judge is considering whether to dismiss the case.
Ortiz’s son, Jaedon Bovell, died in 2020. His mother said he had become increasingly absorbed in social media and was trying to “master” the Blackout Challenge after gaining a large following on TikTok. According to Ortiz, Jaedon had amassed more than 25,000 followers and was gaining recognition on the platform.
Jaedon’s TikTok account remains online and includes videos of him dancing and participating in popular trends. His final post was shared on June 1, 2020, one day before his death, and shows him dancing and singing.
“Does he look like someone who would have wanted to die?” Ortiz said of the video, according to the Journal. “He loved himself. He was confident, smart, and funny.”
Ortiz has joined five other families—most from the United Kingdom—in a lawsuit against two TikTok entities and the app’s parent company, ByteDance. The lawsuit was filed in Delaware Superior Court, where one of the companies is incorporated. The original complaint was filed last year and later amended to include Ortiz and her son’s case. A hearing was held Jan. 16 after TikTok filed a motion to dismiss.
The complaint alleges that ByteDance’s design and distribution choices, including how its algorithm promotes certain content to minors, contributed to the spread of dangerous challenges. It claims those decisions played a role in the deaths of several children and references additional cases involving minors not formally named in the lawsuit.
One example cited is a 12-year-old boy in Colorado who reportedly died after attempting the challenge, according to the complaint.
“I’m doing this because I don’t want another mother to go through this,” Ortiz told the Journal.
Another parent involved in the lawsuit, Liam Walsh, whose daughter Maia died, said the family had allowed TikTok use because it was presented as safe for young teens. “Nothing was wrong until they downloaded TikTok on their phones with our permission,” he said.
Matthew Bergman, an attorney representing the families, criticized TikTok’s content delivery system, saying it exposes children to harmful material they may not seek out but cannot easily avoid. He told local ABC affiliate WPVI that the platform’s “For You” page pushes dangerous challenges to young users.
TikTok’s legal team argues the lawsuit should be dismissed, citing First Amendment protections and the Communications Decency Act, which shields internet companies from liability for content posted by users.
In a statement to WPVI, a TikTok spokesperson said the company’s “deepest sympathies” remain with the families involved. The spokesperson said TikTok prohibits content that promotes dangerous behavior and uses detection systems and enforcement teams to remove such material, claiming that the vast majority of violating content is taken down before it is reported.
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