October 2026 editionSeptember 2026 data
The Hot Tort Report
Every month we rank the hottest torts in mass tort advertising. We score each one on TV, Meta and paid search, plus Whitehardt Institutional Insights, so you can see where the money is going.
Hot Tort Report 2.0
What’s the tort news?
We keep our finger on the pulse of multidistrict litigation, so our subscribers can see where the money is being spent and plan their own advertising around it. These cases can be highly lucrative, but they take significant investment and patience to secure.
The first version tracked monthly TV spend. Version 2.0 scores every tort on what we see across TV, Meta and paid search, plus our own institutional insights.
Published October 2026 with September 2026 data. Advertising spend from multiple sources for a recent 30-day period. Questions? national@whitehardt.com
- 01Social Media Addiction12.8
- 02Diabetes Meds for Weight Loss10.2
- 03Roblox Child Abuse10.0
- 049/11 Claims9.9
- 05Birth Injury9.4
- 06Hernia Mesh9.2
- 07Birth Control Injections8.0
- 08Rideshare Sexual Assault8.0
- 09Medical Scope7.1
- 10Takata Airbag Recall7.0
This month’s top ten
How the score works.
We add up the four channel scores for a total out of 17. Pick a tort to jump to its write-up.
WHii · 0–5
Whitehardt Institutional Insights: our read on litigation activity and attention around the tort.
TV · 0–5
Tracked television spending on the tort.
PPC · 0–2
Advertiser participation in paid search.
#2of 10
Diabetes Meds for Weight Loss
After holding the top spot last month, the Diabetes Meds for Weight Loss mass tort slips to #2. The primary driver was a two-point decline in PPC. A 0.5-point increase in TV wasn’t enough to make up the difference, although WHii and Meta activity remained strong.
The pullback comes at a consequential point in the federal GLP-1 litigation. From September 14–18, Judge Karen Spencer Marston held a Rule 702 evidentiary hearing addressing scientific evidence underlying gastrointestinal injury claims in MDL 3094. The court’s eventual rulings on expert testimony could help determine which alleged injuries and causation theories can proceed, making this an important stage for firms evaluating the litigation and future case acquisition.
The MDL involves widely used medications including Ozempic®, Wegovy®, Rybelsus®, Trulicity®, and Mounjaro®, with plaintiffs alleging gastrointestinal injuries and manufacturers disputing those allegations. Advertiser interest remains high enough to keep the tort at #2, and firms are investing while important questions about the viability of the underlying claims remain before the court.
Metrics
CPA$91 – $1,056
CPL$68 – $792
Common criteriaTook a prescription diabetes drug for weight loss (e.g. Ozempic®, Mounjaro®), discontinued use of the drug, and experienced one or more gastrointestinal disorders at least 30 days after your first dose.
We share more metrics and the full criteria on request.
#3of 10
Roblox Child Abuse
Roblox Child Abuse litigation continues its steady climb, moving from #5 last month into the top 3. Increased PPC activity during September supplied the additional boost needed to get it there, joining an already strong 5.0 Meta score.
The advertising increase comes as the relatively young federal litigation continues developing. The Judicial Panel on Multidistrict Litigation centralized Roblox child exploitation cases in the Central District of California earlier this year, creating a single proceeding for qualifying federal claims and establishing procedures for new plaintiffs to file directly into the MDL.
September also brought a potentially important procedural development. On September 3, the Ninth Circuit affirmed the denial of Roblox’s attempt to compel one plaintiff into arbitration, allowing that case to remain in court. The ruling was based on Roblox having waived its arbitration right through its conduct in that particular case, so it doesn’t eliminate arbitration as an issue across all Roblox claims. Still, when the plaintiffs’ ability to pursue a claim can deeply affect its size and trajectory, the decision is worth watching.
With PPC activity increasing as the federal litigation develops, Roblox Child Abuse moves two positions higher and becomes one of September’s biggest risers.
We share this tort’s CPA, CPL and qualifying criteria on request.
#4of 10
9/11 Claims
The mass tort for 9/11 Claims takes the #4 position, with Meta at 5.0 and another 2.4 points coming from TV. September 11th’s 25th anniversary naturally brought renewed public attention, but the continuing claims market extends far beyond the anniversary itself.
In a message marking the anniversary, Victim Compensation Fund Special Master Allison Turkel reported that the VCF continues to receive more than 800 new claims each month. She also noted that deaths from 9/11-related health conditions have now surpassed the number of people killed on the day of the attacks.
That distinction is important for understanding the continuing advertising market. These aren’t simply claims tied to an event that occurred 25 years ago; the VCF continues processing new claims involving 9/11-related health conditions today. With especially strong Meta activity and a substantial TV presence during the anniversary month, 9/11 Claims move into the top 5.
We share this tort’s CPA, CPL and qualifying criteria on request.
#5of 10
Birth Injury
Increases in both WHii and TV activity were enough to overcome a one-point decline in PPC, taking this tort from #7 to #5.
Unlike many categories in the Hot Tort Report, birth injury torts aren’t one centralized product-liability mass tort with a single federal MDL docket. Cases generally arise individually from the facts surrounding a particular pregnancy, delivery, provider and alleged injury. That makes it especially important not to treat individual verdicts or settlements as though they represent movement in one unified national litigation.
We’re keeping the focus this month on what the advertising data actually tells us. The broader increase across WHii and TV, combined with continued 5.0 Meta activity, was enough to move Birth Injury two positions higher and into the top 5.
We share this tort’s CPA, CPL and qualifying criteria on request.
#6of 10
Hernia Mesh
Hernia Mesh falls to #6 this month. A modest increase in TV activity wasn’t enough to offset declines in WHii and Meta, although its 9.2 total keeps it close behind Birth Injury.
The decline comes as the massive Bard hernia mesh litigation moves deeper into the settlement stage. With much of that litigation now focused on resolving existing claims rather than building toward early bellwethers, the maturing docket provides useful context for the softer advertising activity we’re seeing this month. That doesn’t establish why individual advertisers pulled back, but it does distinguish Hernia Mesh from newer torts where firms are still aggressively building inventories.
TV remains a notable exception. At 2.9, it is Hernia Mesh’s strongest channel after Meta and actually increased in September, even as WHii and Meta declined enough to move the tort lower in the Top 10.
Metrics
Common criteriaUnderwent hernia mesh surgery from 2000—present; suffered from one of the following: perforation, bowel obstruction, mesh erosion, mesh contraction, torn mesh, sepsis/infection, granuloma, adhesion, dehiscence that resulted in a removal/repair, scheduled or future.
We share more metrics and the full criteria on request.
#7of 10
Birth Control Injections
Birth Control Injections lands at #7 following considerable movement between channels. WHii declined by 0.5 points and TV fell 1.1 points to zero, while PPC gained a full point.
September brought concrete movement in the federal Depo-Provera litigation. On September 4, the Northern District of Florida entered three case management orders appointing a Supplemental Compensation Fund Allocation Master, Qualified Settlement Fund Administrator, and Lien Resolution Master. Those appointments followed earlier orders addressing settlement administration and ongoing litigation.
This month’s advertising was concentrated in digital channels, with Meta at 5.0 and PPC gaining ground while measurable TV activity disappeared.
Metrics
CPA$5,169
CPL$3,050
We share more metrics and the full criteria on request.
#9of 10
Medical Scope
Unlike the large federal MDLs elsewhere on this list, there is no comparable centralized federal Medical Scope proceeding to use as a litigation benchmark. There is, however, ongoing regulatory activity involving some of the devices at issue. FDA records show an open recall involving the Olympus TJF-Q190V duodenovideoscope, which followed continued reports of infections and led to updates for the reprocessing materials.
FDA’s MAUDE database also continued receiving adverse-event information involving Olympus scopes in 2026. MAUDE reports are important safety-surveillance records, but they don’t, by themselves, establish that a device caused an injury.
Despite a one-point PPC increase and continued strong Meta activity, declines across WHii, TV and Meta push Medical Scope three positions lower and leave it narrowly above the bottom of the top 10.
We share this tort’s CPA, CPL and qualifying criteria on request.
#10of 10
Takata Airbag Recall
The Takata Airbag Recall lawsuits round out the top 10 this month. WHii slipped by half a point, but TV remained at a 5.0 and continues to account for most of the tort’s score. Notably, Takata recorded no measurable Meta activity, making its channel mix unusually TV-heavy.
That TV activity is occurring around a recall that remains an active consumer-safety issue in 2026. For September, the channel concentration is the bigger story: a perfect 5.0 TV score was enough to keep Takata in the top 10 despite the WHii decline, modest PPC activity and no measurable Meta presence.
We share this tort’s CPA, CPL and qualifying criteria on request.
Why mesothelioma isn’t on the list
Mesothelioma continues to dominate on spend, but it’s a niche of its own. The cases can be extremely fruitful. They’re also hard to come by, and landing one takes a high buy-in and patience. We track meso spending separately every month. If you’d like the latest meso numbers or to talk about pursuing these cases, reach out to us directly.
#1of 10 · Featured tort
Social Media Addiction
Social Media Addiction torts take the #1 spot for October, climbing from fourth place last month. Meta leads the channel mix with a perfect 5.0, accompanied by meaningful activity across WHii, TV and PPC.
The federal litigation remained active throughout September, with additional cases continuing to enter MDL 3047. This is an indication that the litigation is still expanding rather than simply working through previously filed claims. A new conditional transfer order was filed September 8 as cases continued to be centralized before Judge Yvonne Gonzalez Rogers in the Northern District of California. The MDL consolidates personal injury claims concerning alleged harms to young people from social media platforms.
That ongoing case growth coincides with a major increase in advertiser interest. With a 5.0 Meta score and spending measured across every channel, Social Media Addiction had the strongest overall advertising profile in September and moved from #4 to #1.
We share this tort’s CPA, CPL and qualifying criteria on request.
#2 →Diabetes Meds for Weight Loss