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Tesla Sues California County Over Factory Closure, Starts Production Without Approval

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  • Tesla is suing Alameda County in an effort to resume operation at its Fremont factory, claiming that it is considered “national critical infrastructure” and should be able to restart under the governor’s guidance for reopening some businesses with safety modifications.  
  • Musk even threatened to move Tesla’s headquarters out of California, noting that it is the last major carmaker in the state as well as one of it’s largest manufacturing employers.
  • Though a move would be costly and difficult, some believe the tensions could further push Musk to look elsewhere for the manufacturing of other projects.  
  • Fremont’s Mayor urged the county to work with businesses trying to reopen after expressing concern about the potential implications for the regional economy. The county says it is communicating with Tesla and hopes to reach an agreement soon, but Tesla has already started ordering employees back to work.  

Musk Threatens To Move Tesla HQ 

Tesla has filed a lawsuit against Alameda County in Califonia, arguing that its Fremont factory should be allowed to operate during the coronavirus pandemic under the governor’s new guidance for reopening some businesses. 

The factory has been shut since March 23, after the county called for its closure as part of social distancing measures and stay-at-home orders, but the company has been pushing to resume production.

Then on Thursday, Gov. Gavin Newsom announced that he is allowing for sectors like retail, manufacturing, and logistics to reopen with “modifications that reduce risk,” however, he stressed that local officials still have the authority to speed up or slow down reopening at the county level. 

On Saturday, Tesla CEO Elon Musk expressed frustration about local resistance Tesla has faced.

“Tesla is filing a lawsuit against Alameda County immediately,” Musk announced in a tweet. “The unelected & ignorant “Interim Health Officer” of Alameda is acting contrary to the Governor, the President, our Constitutional freedoms & just plain common sense!”

Musk even threatened to move Tesla’s headquarters to Texas or Nevada as a result of the shutdown.

Musk’s frustration seems to have been building because late last month, he ranted about stay-home orders in the company’s April 29 first-quarter earnings call. In it, he called the restrictions fascist and a violation of people’s constitutional rights. 

Tesla Releases Blogpost Explaining Lawsuit and Restart Plans

The same day Musk tweeted his threat, Tesla released a blog post about how it will get it’s employees back to work safely. In the post, the company noted that it is the last major carmaker in the state as well as one of it’s largest manufacturing employers with more than 10,000 workers at its Fremont factory and 20,000 statewide. 

Tesla again argued that its Fremont plant should be allowed to reopen under Newsom’s recent guidelines, but it also said it should have always had permission to continue production because the state and federal government classifies vehicle manufacturing as “national critical infrastructure.”

It company even noted that, “Alameda county, where our factory resides, and Santa Clara County next door, have stated in their return to work order FAQs that the manufacturing of distributed energy resources (which is defined in state law to include electric vehicles, solar and battery storage) is permitted to resume.”

Along with these points, the company explained that it has worked hard on a “robust” restart plan, saying, “It was modeled after the comprehensive return to work plan we established at our Shanghai Gigafactory, which has seen smooth and healthy operations for the last three months.”

“Contrary to the Governor’s recent guidance and support from the City of Fremont, Alameda County is insisting we should not resume operations,” Tesla’s leadership added in the post. 

“This is not for lack of trying or transparency since we have met with and collaborated on our restart plans with the Alameda County Health Care Services Agency.” 

The company claims that the County Public Health Officer making decisions about reopening has not returned its calls and emails listing out detailed restart plans, factory layouts, and more. 

“We will continue to put people back to work in a safe and responsible manner. However, the County’s position left us no choice but to take legal action to ensure that Tesla and its employees can get back to work,” it said before noting that it is asking the court to render the shutdown order invalid.

Alameda County Responds  

Fremont Mayor Lili Mei responded to Tesla Saturday afternoon saying, “As the local shelter-in-place order continues without provisions for major manufacturing activity, such as Tesla, to resume, I am growing concerned about the potential implications for our regional economy.”

“We know many essential businesses have proven they can successfully operate using strict safety and social distancing practices. I strongly believe these same practices could be possible for other manufacturing businesses, especially those that are so critical to our employment base.”

She then encouraged the county to work with local businesses to reopen with acceptable guidelines.

Shortly after, Alameda County’s Health Department released a statement saying it has been working with Tesla to develop a safety plan allowing the Fremont plant to reopen while protecting workers. 

“This has been a collaborative, good faith effort to develop and implement a safety plan that allows for reopening while protecting the health and well-being of the thousands of employees who travel to and from work at Tesla’s factory,” the county said.

“We look forward to coming to an agreement on an appropriate safety plan very soon.″

However, it stressed that “It is our collective responsibility to move through the phases of reopening and loosening the restrictions of the shelter-in-place order in the safest way possible, guided by data and science.”

Scott Haggerty, supervisor for the Fremont district of Alameda County, told the New York Times on Saturday, “We were working on a lot of policies and procedures to help operate that plant and quite frankly, I think Tesla did a pretty good job, and that’s why I had it to the point where on May 18, Tesla would have opened.”

“I know Elon knew that. But he wanted it this week,” he added.

Criticism and Support 

It seems like Tesla could be getting the green light it was hoping for, though it’s unclear when. However, Tesla apparently isn’t waiting for approval. According to a report from The Verge, some employees were called back to work at the facility over the weekend and others are scheduled to report to work later this week.

Then on Monday, Musk acknowledged that he was restarting against orders.

Still, some lawmakers don’t seem to happy about Tesla’s attempts to reopen. California State Assemblywoman Lorena Gonzalez (D-San Diego) added fuel to the flames after Musk’s threat when she tweeted, “F—- Elon Musk.”

“California has highly subsidized a company that has always disregarded worker safety & well-being, has engaged in union busting & bullies public servants,” wrote Gonzalez in a follow-up tweet on Sunday. “I probably could’ve expressed my frustration in a less aggressive way. Of course, no one would’ve cared if I tweeted that.”

On the other hand, Tesla has seen some support from those like U.S. Treasury Secretary Steven Mnuchin. Mnuchin backed Musk on Monday, telling CNBC that California should help Tesla reopen its plant.

“I agree with Elon Musk. He’s one of the biggest employers and manufacturers in California, and California should prioritize doing whatever they need to do to solve those health issues so that he can open quickly and safely,” Mnuchin said on “Squawk on the Street.”

“They’re going to find that if he’s threatened he’s going to move his production to a different state,” Mnuchin added.

As some have pointed out, moving Tesla’s headquarters, especially during the pandemic, would be a difficult and costly move for the company.

“Moving away from Fremont would take at least 12 to 18 months and could add risk to the manufacturing and logistics process in the meantime,” Wedbush Securities analyst Daniel Ives wrote in a note to investors.

However, Musk has previously hinted that he’s eyeing other places to build his Cybertrucks and expand production of his Model Y crossover, so some believe Musk’s frustrations with the state and county could further push him to launch more operations elsewhere.

The lawsuits come as competing automakers are gradually starting to reopen factories in the U.S. Toyota will restart production on Monday, while General Motors, Ford, and Fiat Chrysler all plan to restart their plants gradually on May 18. 

See what others are saying: (Huffington Post) (Axios) (CNBC) 

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TikTok Bans Ads for Weight Loss Supplements and Fasting Apps

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  • TikTok said Wednesday that it will ban advertisements for fasting apps and weight loss supplements. It will also add new restrictions on ads that “promote a harmful and negative body image.”
  • Part of its new policies include only allowing viewers ages 18 and up to see ads for “weight management products” and barring ads with irresponsible claims. 
  • The app is also partnering with the National Eating Disorder Association to connect users with resources directly on the app and will support Weight Stigma Awareness Week (Sept. 28-Oct.2) with information about the topic on its discover page. 
  • The move comes after months of users noticing increased ads for Intermittent fasting apps and other weight-related products, which many found concerning considering TikTok’s massive young user base. 

New Restrictions Announced 

TikTok announced some new restrictions for weight loss advertisements on its platform Wednesday in an effort to support body positivity.

“We’re introducing new ad policies that ban ads for fasting apps and weight loss supplements, and increase restrictions on ads that promote a harmful or negative body image,” the company’s Safety Policy Manager, Tara Wadhwa, wrote in a blog post.

These types of ads do not support the positive, inclusive, and safe experience we strive for on TikTok.”

Wadhwa said the app recognizes the role the internet plays in exacerbating weight stigma and body shaming and wants to do more to make TikTok a safe and comfortable environment for its users.

As far as what those new policies will be, TikTok said:

  • Advertisements for weight-management products can now only reach users ages 18 and up. 
  • Stronger restrictions will be placed on weight loss and implied weight-loss claims.
  • Further restrictions will be introduced to limit irresponsible claims made by products that promote weight loss management or control.
  • Ads promoting weight loss and weight management products or services cannot promote a negative body image or negative relationship with food.

Concerns for Young Users 

Those are some pretty important changes that address ads that have recently become common on the app. Over the last few months, TikTok users have complained about being served ads for products like intermitted fasting apps. That sparked a ton of concerns, especially since TikTok has such a young user base. 

According to internal company documents viewed by The New York Times, in July, TikTok classified more than a third of its 49 million daily users in the United States as being 14 years old or younger.

Other Efforts 

But that’s not all the app is doing to support inclusion and body positivity.

TikTok has also partnered with the National Eating Disorder Association (NEDA) to connect its users with resources directly on the app.

We’ll soon begin redirecting searches and hashtags – for terms provided to us by NEDA, or associated with unsafe content we’ve removed from our platform – to the NEDA Helpline, where NEDA can then provide our community with confidential support, tools, and resources,” TikTok explained.

On top of that, the app is also supporting Weight Stigma Awareness Week, which runs from September 28-October 2.

During that time, it will have a dedicated page on it’s discover tab to support NEDA’s #EndWeightHateCampaign in an effort to educate the community about the topic, why it matters, and how users can find support for themselves or others.

In its announcement, TikTok also reminded users that they can always use its existing features to block content, users, and comments that they find disturbing, and report ads that violate its policies. 

While some would like to see TikTok do more to combat diet culture on its platform, the move has generally been met with praise, and it puts the app closer in line with policies platforms like Instagram have enacted.

Last year, Instagram started restricting users under the age of 18 from viewing ads promoting weight loss and cosmetic procedures. It also barred posts that make “miraculous” claims about weight loss while also including coupon codes or other commercial elements. Those changes were meant to target products people like the Kardashians and others promoted: flat tummy teas, appetite suppressant lollipops, and other items of that nature. 

Ultimately, it seems like TikTok is listening to its users by creating these new policies.

“Though there’s always more work we can do in this critical area, we think these are steps in the right direction,” it said in its blog post. “We continue to look for new ways to support our community and foster a positive environment for everyone on TikTok.”

See what others are saying: (Forbes) (CNBC) (Mashable

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Charli D’Amelio’s Dunkin’ Partnership Proves Successful

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  • TikTok’s most-followed creator, Charli D’Amelio, partnered with the coffee chain Dunkin’ to add her go-to order to its menu for a limited time.  
  • A Dunkin’ official told TMZ that the chain sold hundreds of thousands of her signature drink, “The Charli,” within the first five days of launching. It also set a record for daily users on the Dunkin’ app the first day of the launch after seeing a 57% increase in app downloads. 
  • Dunkin’ even saw a 20% sales boost for all cold brews that day as well as a 45% surge the following day. 
  • This collaboration, along with musician Travis Scott’s partnership with McDonald’s, has many interested to see if and how more chains will use big names as marketing tools in the future. 

The Charli 

Officials at Dunkin’ have finally given some insight into just how powerful its partnership with 16-year-old Charli D’Amelio has been for the coffee chain. 

D’Amelio, of course, is TikTok’s most famous personality, and she recently teamed up with Dunkin’ to get her go-to coffee order on its menu for a limited time. The drink is called “The Charli,” a cold brew with whole milk and three pumps of caramel swirl.

It officially debuted in stores on Sept. 2. As part of the partnership, she also launched a contest with the chain. For that, the company invited her fans to post a picture on Instagram, recreating a memorable moment of Charli and her Dunkin’ drink using the hashtag #CharliXDunkinContest. Then, on Sept. 19, National Dance Day, five lucky winners were selected to join a virtual hang out with Charli. 

It was probably fair to assume that the drink would be a success given Charli’s massive following and influence these days. She’s currently sitting at 88.4 million followers on TikTok alone. and the drink has been spotted all over the app, with fans, friends, and influencers trying it out themselves.

However, Drayton Martin, vice president of brand stewardship at Dunkin’, just confirmed to TMZ that the chain sold hundreds of thousands of the signature drink within the first five days of launch. Dunkin’ also set a record for daily users on its app the day her drink debuted after seeing a 57% increase in app downloads. 

Apparently it wasn’t just “The Charli” that saw success. Dunkin’ also saw a 20% sales boost for all cold brews the first day as well as a 45% surge the next day. 

Travis Scott’s McDonald’s Deal 

These numbers are especially interesting to look at when acknowledging how lucrative Travis Scott’s limited edition collab with McDonald’s has proved to be. His partnership was for a $6 combo that included a Quarter Pounder with bacon and lettuce, fries, BBQ sauce, and a Sprite. 

That launched on Sept. 9, and he also sold some exclusive Mcdonald’s themed merch on his website at the time. 

Within days of the launch, several McDonald’s locations reported running out of ingredients to make the meals. In a memo sent to employees, McDonald’s said: “We’ve created a program that’s so compelling to our customers that it’s stretching our world-class supply chain; and if demand continues at these levels, more restaurants will break supply.”

Tons of people have been trying to get their hands on this meal. In fact, it even became a trend on TikTok to order it using a range of phrases. According to USA Today, McDonald’s even noted some of the various ways customers have been ordering the meal in their memo to employees. Some were part of marketing and social media materials for it, like the phrase “Say Cactus Jack sent me.”

Other variations include “It’s lit, sick mode,” “The Fornite guy burger,” or “You know why I’m here” which is often followed by customers playing Travis Scott’s “Sicko Mode.” 

Eventually, McDonald’s said the promotion will continue through Oct. 4 as scheduled. However, starting Sept. 22, customers who want the meal have to order it through the McDonald’s app. So maybe that will intentionally slow sales, or perhaps downloads for that app soar as it did for Dunkin’ with D’Amelio’s help.

Ultimately, both collaborations have shown just how influential big names can be in the fast food and drink world. It’ll be interesting to see if and how chains will continue to use people with massive followings as advertising tools in the future. 

See what others are saying: (TMZ) (USA Today) (Chicago Sun Times

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Twitter to Investigate Auto-Crop Algorithm After Accusations of Racial Bias

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  • Twitter users believe they discovered a racial bias in an algorithm the platform uses to automatically select which part of an image it shows in a photo preview.
  • Many argued that the auto-cropping tool showed a white bias after testing the theory with photos of Black and white people, cartoon characters, and even dogs. 
  • However, others who tested the theory generated results that did not support this idea. Regardless, most users admit that these experiments have their limitations and agree that the current results at least show that this is something worth looking into.
  • The company released a statement saying it tested its system for bias in the past but admitted it needs to conduct further analysis of it. Online, Twitter employees seemed to welcome the public discourse and the company promised to share its results as well as further actions it may take.

Potential White Bias 

Twitter responded to concerns over its automatic cropping algorithm Sunday after users believed they discovered a racial bias in the tool.

In 2018, Twitter began auto-cropping photos in its timeline previews to prevent them from taking up too much space in the main feed and to allow multiple photos to appear in the same tweet. To do this, the company uses several algorithmic tools that focus on the most important part of the picture, like faces or text. 

However, users recently began to spot issues with the algorithm. The first person credited for highlighting a potential problem was PhD student Colin Madland. He made his discovery while highlighting a different racial bias he thinks he found on the video-conference company Zoom. 

Madland tweeted that when his Black colleague uses a virtual background on Zoom, his head is erased. When he uploaded examples to show this happening to his Black colleague and not himself, he noticed that Twitter was only showing his own face in its preview. 

Soon after, others followed up with more targetted experiments. Cryptographic and infrastructure engineer Tony Arcieri, for example, tweeted out two long images with Senate Majority Leader Mitch McConnel and Former President Barack Obama. 

The two photos have the politicians stacked on top of each other in different orders but with white space in between them. The experiment showed that Twitter would focus on McConnell, no matter what order the photos were stacked in.

Another user found that the algorithm even focused on McConnell when two photos of Obama were present in a single stack.

A similar white preference appeared in examples of Black and white men in suits, Simpsons characters Lenny and Carl, and even black and white dogs. 

Examples That Don’t Support White Bias Theory

Others looking into this theory of a white bias found results that did not support the idea. 

For example, one user found that photos of Obama were cropped for the preview over photos of Donald Trump. 

Still, some researching the trends noted that these experiments do have their limitations and are likely influenced by tons of other factors. Some believe the algorithm recognized high profile figures or considers brightness and contrast, among other photo elements.

Twitter’s Chief Design Officer (CDO), Dantley Davis, even suggested that the choice of cropping sometimes takes brightness of the background into consideration.

However, ohers found examples that rejected that idea. Regardless, all these tests did a lot to convince people that there was something worth looking at here, including Davis, who has been experimenting himself.

He’s not alone in his research. In fact, plenty of other Twitter users have been going to great lengths to track their results as they try to study what is going on.

Twitter Promises to Investigate 

On Sunday, a Twitter spokesperson eventually released a statement admitting that the company had work to do.

“Our team did test for bias before shipping the model and did not find evidence of racial or gender bias in our testing,” the company explained.

But it’s clear from these examples that we’ve got more analysis to do. We’ll continue to share what we learn, what actions we take, and will open source our analysis so others can review and replicate.” 

Davis also isn’t the only employee that has appeared to welcome all of this public discourse. The company’s Chief Technology Officer, Parag Argawal tweeted, “This is a very important question. To address it, we did analysis on our model when we shipped it, but needs continuous improvement. Love this public, open, and rigorous test — and eager to learn from this.”

See what others are saying; (The Next Web) (The Guardian) (Mashable

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