Many states have passed statutes banning the use of milk crates outside of dairy distribution and sales.[3]<\/a> The theft of dairy crates has been a constant thorn in the side of the dairy industry. It is estimated that companies lose around $80 million a year due to the theft of milk crates.[4]<\/a> Milk crates are prone to theft because they are made out of highly-dense polyethylene which is derived from petroleum.[5]<\/a> The durability of the material is highly coveted, and the crates are often shredded with the material being resold at higher prices.[6]<\/a><\/p>\n The emergence of the #milkcratechallenge renewed attention on these milk crate statutes. One state to have such a statute is Massachusetts.[7]<\/a> The statute has been in effect since 1975 and expressly covers the theft or conversion of certain milk containers.[8]<\/a> The penalty for a violation of the statute is a fine ranging from ten to one hundred dollars.[9]<\/a> The Pennsylvania milk container law carries a sentence of a fine not exceeding $300 or the potential for up to 90 days in jail.[10]<\/a> The Florida equivalent classifies unlawful possession of a milk crate as a first degree misdemeanor.[11]<\/a> Violators may be punished with up to a year in prison and a $1,000 fine.[12]<\/a> The statute has been enforced as recently as 2016 when a man was arrested and charged with possession of a dairy crate.[13]<\/a><\/p>\n There is also the looming possibility of a negligence lawsuit arising from participating in the milk crate challenge.[14]<\/a> The individual who sets up the milk crates is exposing themselves to potential liability if they did not act as a reasonably careful person would when setting up the milk crates.[15]<\/a> They may be required to pay damages for any injuries caused by the accident.[16]<\/a> What began as a fun attempt to become internet famous has the potential for serious injuries, both physically and monetarily.<\/p>\n The milk crate challenge is not the only recent TikTok trend that may lead to criminal consequences. A new trend is encouraging students to perform a \u201cdevious lick\u201d at their schools.[17]<\/a> A lick is a successful theft that is accompanied by an impressive payday.[18]<\/a> The trend calls for students to steal items, such as soap and paper towel dispensers, from their schools.[19]<\/a> Several schools in Pasco County, Florida have reported broken urinals, stolen exist signs, and toilets filled with Kool-Aid.[20]<\/a> Schools are rightfully frustrated with the trend and are threatening legal action.[21]<\/a> One high school in Pasco County has communicated to their students that any violators will be arrested and held liable for the damages.[22]<\/a><\/p>\n TikTok trends dominate social media when they first explode onto users\u2019 feeds. Any person with a phone is one post away from becoming internet famous overnight. TikTok themselves are likely insulated from liability due to most of the content being user-generated.[23]<\/a> That same privilege is not extended to the user. Climbing a pyramid of milk crates does not immediately conjure up thoughts of criminal activity. However, the law is full of surprises, and ignorance of the law is no defense.\u00a0 Before participating in the next viral TikTok trend, remember that falling down in a video may not be the most painful part of the experience.<\/p>\n <\/p>\n [1]<\/a> Jordan Valinksy, TikTok Bans the \u2018Milk Crate Challenge\u2019 Because of Injuries<\/em>, CNN (Aug. 27, 2021, 10:49 AM), https:\/\/www.cnn.com\/2021\/08\/27\/business\/tiktok-bans-milk-crate-challenge\/index.html.<\/p>\n [2]<\/a> Jessica Sager, Got Milk\u2026 Crates? All About the Milk Crate Challenge that Took Over Twitter and TikTok-And Why the Trend Spells Trouble<\/em>, Parade (Aug. 23, 2021, 11:31 AM), https:\/\/parade.com\/1252245\/jessicasager\/milk-crate-challenge\/.<\/p>\n [3]<\/a> Id<\/em>.<\/p>\n [4]<\/a> Julia Glum, Doing the TikTok Milk Crate Challenge Could Cost you Hundreds in Fines<\/em>, Yahoo Money! (Aug. 26, 2021), https:\/\/money.yahoo.com\/doing-tiktok-milk-crate-challenge-145628592.html.<\/p>\n [5]<\/a> Sager, supra <\/em>note 2; Glum, supra <\/em>note 4.<\/p>\n [6]<\/a> Glum, supra <\/em>note 4.<\/p>\n [7]<\/a> Spencer Buell, The \u201cMilk Crate Challenge\u201d is a Bad Idea. Especially in Massachusetts<\/em>, Boston Magazine (Aug. 26, 2021, 12:27 PM), https:\/\/www.bostonmagazine.com\/news\/2021\/08\/26\/milk-crate-challenge-massachusetts-illegal\/.<\/p>\n [8]<\/a> Id. <\/em><\/p>\n [9]<\/a> Glum, supra <\/em>note 4.<\/p>\n [10]<\/a> Id. <\/em><\/p>\n [11]<\/a> Food Pyramid Crimes: How the Milk Crate Challenge can Land you in Jail<\/em>, Casanova Law PA (Sept. 6, 2021), https:\/\/www.casanovalawpa.com\/food-pyramid-crimes-how-the-milk-crate-challenge-can-land-you-in-jail\/.<\/p>\n [12]<\/a> Id.<\/em><\/p>\n [13]<\/a> Glum, supra <\/em>note 4.<\/p>\n [14]<\/a> Milk Crate Challenge Injury Attorney in Philadelphia<\/em>, The Pearce Law Firm P.C. https:\/\/thepearcelawfirm.com\/milk-crate-challenge-attorney\/ (last visited Sept. 16, 2021).<\/p>\n [15]<\/a> Id.<\/em><\/p>\n [16]<\/a> Id.<\/em><\/p>\n [17]<\/a>Katherine Rodriguez, What is the \u2018Devious Lick\u2019 TikTok Trend? What does it Mean? Here\u2019s What to Know<\/em>, NJ.com (Sept. 15, 2021, 1:54 PM), https:\/\/www.nj.com\/news\/2021\/09\/what-is-the-devious-lick-tiktok-trend-what-does-it-mean-heres-what-to-know.html.<\/p>\n [18]<\/a> Id.<\/em><\/p>\n [19]<\/a> Id.<\/em><\/p>\n [20]<\/a> Jeffrey S. Solochek, TikTok\u2019s \u2018Devious Licks\u2019 are Trashing School Restrooms. Pasco Cracks Down<\/em>, Tampa Bay Times (Sept. 15, 2021), https:\/\/www.tampabay.com\/news\/education\/2021\/09\/15\/tiktoks-devious-licks-are-trashing-school-restrooms-pasco-cracks-down\/.<\/p>\n [21]<\/a> Rodriguez, supra<\/em> note 17; Solochek, supra <\/em>note 19.<\/p>\n
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