TikTok’s U.S. Ban Fight: Shifts Blame To Shein And Temu In Legal Strategy

TikTok has launched a new legal strategy to avoid a U.S. ban, pointing fingers at fellow Chinese companies Shein and Temu, as reported today by WIRED.

The popular social media platform is facing pressure after the House passed a bill to ban TikTok in the United States, citing growing national security concerns. TikTok has since been in a legal battle to block the law, claiming it unfairly targets the platform while ignoring data risks posed by other Chinese companies.

WIRED reports that in a court hearing on September 16, Andrew Pincus, a lawyer representing TikTok, argued that the platform is being singled out, while other Chinese companies like Shein and Temu—both massive e-commerce players—collect equally sensitive data.

Pincus did not name the companies directly in court, but previous filings by TikTok referenced their privacy policies, highlighting that these firms also gather significant amounts of user data without facing similar scrutiny.

TikTok’s legal team has also framed the law as a violation of the First Amendment, arguing that it prioritizes e-commerce over political or entertainment content, potentially restricting free speech, as noted by WIRED.

This isn’t the first time TikTok has made this argument. In May, eight TikTok creators sued the U.S. government arguing that the law infringes on their First Amendment rights.

However, Judge Douglas Ginsburg dismissed this, stating that the law targets a category of companies posing security threats, said WIRED.

In addition to its legal troubles in the U.S., TikTok recently faced regulatory pressure in Europe. On August 5, TikTok agreed to permanently remove its Lite Rewards program from the European Union following concerns raised by the European Commission about its potential addictive effects.

Further complicating TikTok’s legal battle is another issue: the Justice Department and Federal Trade Commission recently filed a lawsuit against TikTok, for violating the Children’s Online Privacy Protection Act (COPPA).

While TikTok is fighting to stay in the U.S. market, Shein and Temu have not yet responded to the legal debate, notes WIRED.

However, TikTok’s strategy of deflecting attention onto other Chinese companies could have broader implications, potentially leading to increased scrutiny of these firms as well.