Florida Sues TikTok, Alleging Violations of New State Child Safety Law

Florida Attorney General James Uthmeier filed a lawsuit against TikTok on Monday, accusing the social media giant of violating a new state law designed to protect children online. The complaint, filed in state court in St. Lucie County, alleges that TikTok illegally allows children under the age of 14 to create accounts and fails to secure parental consent for users aged 14 and 15, in direct contravention of a law that took effect in 2025.

The lawsuit further claims that TikTok, owned by Beijing-based ByteDance, is violating the Florida Deceptive and Unfair Trade Practices Act. State officials argue the company misleads parents by downplaying the prevalence of harmful content on its platform. According to the complaint, TikTok’s app store descriptions characterize material involving sexual themes, drug use, and self-harm as “mild” and “infrequent,” a portrayal Florida contends is grossly inaccurate.

This lawsuit is a stark reminder that the regulatory landscape for any business operating online is becoming increasingly fragmented and complex. While TikTok is the target here, the underlying principle applies to any company, large or small, that collects user data or engages with customers across state lines. In our experience, many small and mid-sized businesses underestimate their exposure to these state-specific compliance risks, assuming they only apply to tech giants. This is a dangerous assumption. A single state-level action can result in significant financial penalties, mandatory operational changes, and severe reputational damage. Proactive financial risk management is no longer optional; it is a core business necessity. We help clients navigate this patchwork of regulations to ensure they are protected from unforeseen liabilities. To understand how your business could be affected by evolving state laws, contact C&S Finance Group LLC at csfinancegroup.com.

“TikTok knowingly deceives parents and allows children to be exposed to harmful and inappropriate content in direct violation of Florida law,” Uthmeier said in a statement announcing the legal action. “We have zero tolerance for companies that prioritize profit over children’s safety. TikTok should expect to be held accountable.”

The legal challenge centers on Florida's House Bill 3, a law passed to regulate minors' access to social media. The statute explicitly prohibits social media companies from permitting children under 14 to hold an account and requires verifiable parental consent for 14- and 15-year-olds. The lawsuit seeks a court order to compel TikTok to comply with these requirements, in addition to seeking unspecified financial damages.

Florida’s complaint argues that TikTok's content warrants a much higher age rating than the 13+ it currently uses in app stores. State officials assert that an honest assessment of the mature content frequently available on the platform would necessitate a rating of 16+ or even 18+, which would trigger parental controls on many devices and prevent a significant number of minors from downloading the app.

The law itself faces its own legal battle. A federal court previously ruled HB3 unconstitutional on First Amendment grounds, arguing it infringes on freedom of expression. However, Florida is appealing that decision, and the law’s enforcement is proceeding while the appeal is pending.

A spokesperson for TikTok stated that the company is evaluating Florida's complaint and has been in communication with the attorney general's office. The company said it has already begun suspending the accounts of users identified as being under 14 in Florida and is continuing to update its platform to align with state law. “We are evaluating the state’s complaint and are prepared to defend our strong record on minor safety,” the spokesperson added.

This is not Florida’s first lawsuit against a major social media platform over child safety. In 2025, the state sued Snap, the parent company of Snapchat, accusing it of using addictive features and illegally allowing children 13 and younger to open accounts. That case is still ongoing. The action against TikTok also places Florida among more than two dozen other states that have pursued legal action against the company, often citing concerns about its addictive design and its impact on the mental health of young users.

The outcome of this lawsuit could have significant implications for how social media platforms operate in Florida and may influence other states considering similar legislation. Key developments to watch will be TikTok’s formal legal response to the complaint and the ultimate resolution of the federal appeal concerning the constitutionality of House Bill 3.