Sunday announced a civil lawsuit against the social media company on Tuesday, claiming the 13+ age rating is misrepresenting its safety, as kids can still access adult material on the site.
He also spoke about the social media app's addictiveness, and the detrimental impact it can have on a child's development.
"TikTok has built its empire based on a model of addictiveness at all costs, and expanded that empire using deception about what sort of content is viewable for kids," Sunday said. "This is not an indictment against modern technology, or a scolding assessment of social media as a whole - rather, this is an action to hold accountable a company that values dollars over mental wellness."
The lawsuit is seeking additional safeguards on the site.
In a statement, a TikTok spokesperson said:
"This lawsuit relies on misleading and inaccurate claims and deliberately ignores the concrete safety measures TikTok has voluntarily implemented to support the well-being of our community. Teen accounts have 50 preset safety, privacy and security settings built-in, and TikTok's Family Pairing tools give parents direct control over screen time and content filters. We will vigorously defend against these claims."
You can read the text of the lawsuit at AttorneyGeneral.gov.