Legal & Privacy Brief

Today: Pennsylvania AG David Sunday sued TikTok over deceptive content ratings and addictive design features targeting minors. Apple faces a class action alleging it "bricked" older Apple Watch models by cutting software support prematurely. The DOJ Office of Legal Counsel issued a memorandum finding the Posse Comitatus Act does not bar military arrests near designated "national defense areas" along the U.S.-Mexico border.

Litigation Updates

Apple Faces Class Action Over Alleged "Bricking" of Older Apple Watch Models

A new class action lawsuit alleges Apple forced consumers to purchase new Apple Watch devices by ending software support for older models before the end of their useful life. The complaint targets Apple's practice of ceasing updates, which plaintiffs claim renders functional hardware unusable, constituting an unfair business practice.

• Compliance Action: Companies with hardware product lines should review end-of-life and software support policies for consumer devices. Ensure product lifecycle disclosures are clear at point of sale to reduce planned-obsolescence litigation exposure.
• Source: Top Class Actions

Unilever Class Action Targets Alleged False "Sugar-Free" Labeling of Liquid I.V. Products

A class action accuses Unilever United States and The LIV Group of falsely advertising Liquid I.V. Hydration Multiplier electrolyte drink mix products as "sugar-free." The lawsuit alleges the labeling violates consumer protection statutes by misleading purchasers about the product's actual sugar content.

• Source: Top Class Actions

Enforcement Actions

Pennsylvania AG Sues TikTok Over Deceptive Content Ratings and Addictive Design

Pennsylvania Attorney General David Sunday filed suit against TikTok, alleging the platform misrepresents its content ratings and deploys addictive design features that target young users. The complaint accuses TikTok of deceptive practices under state consumer protection law. This adds Pennsylvania to the growing list of state AG enforcement actions against social media platforms over child safety, following similar suits filed by other states.

• Compliance Action: Organizations operating platforms or apps used by minors should audit age-gating mechanisms, content rating accuracy, and design patterns flagged as "addictive" (autoplay, infinite scroll, push notifications). State AG enforcement in this area is accelerating.
• Source: Top Class Actions

Policy Changes

DOJ OLC: Posse Comitatus Act Does Not Bar Military Arrests at "National Defense Areas"

The Department of Justice Office of Legal Counsel issued a memorandum concluding that the Posse Comitatus Act, which generally prohibits military involvement in domestic law enforcement, does not prevent military personnel from making arrests near designated "national defense areas," including portions of the U.S.-Mexico border. This legal opinion expands the recognized scope of military authority in border enforcement.

• Compliance Action: Defense contractors, border-adjacent businesses, and organizations operating near designated national defense areas should review the OLC memorandum and assess whether expanded military law enforcement authority affects their operations, employee policies, or compliance obligations.
• Source: Lawfare

Special Grand Jury Empaneled in D.C. by AG Pirro

Attorney General Jeanine Pirro empaneled a special grand jury in the District of Columbia. Legal analysts note that the special grand jury's defining feature, the ability to issue public reports, is subject to significant statutory limitations that may constrain its utility as a tool for public-facing investigations.

• Source: Lawfare

Compliance Takeaways

• Child safety enforcement is expanding. Pennsylvania's TikTok suit joins a multi-state wave of AG actions. Audit your platform's age verification, content ratings, and engagement design patterns now, not after you receive a demand letter.
• Product lifecycle disclosures matter. The Apple Watch class action signals litigation risk for any company that ends software support for functional hardware. Document and disclose support timelines at point of sale.
• Labeling accuracy invites class actions. The Liquid I.V. "sugar-free" suit is a reminder that product claims must withstand literal scrutiny. Review marketing and packaging claims against actual product composition.
• Monitor OLC memoranda on military authority. The Posse Comitatus Act opinion creates new legal ground for military law enforcement at the border. Organizations with border-adjacent operations should track how this is implemented.
• Special grand jury proceedings have limits. The D.C. special grand jury's public reporting power is narrower than it appears. Legal teams tracking federal investigations should review the statutory constraints before drawing conclusions from the empanelment.