The short-video company is violating the law because “X-Rated” content can be seen by minors despite company representations to smartphone app stores that such material is “infrequent” and “mild,” Florida Attorney General James Uthmeier said in a lawsuit filed in St. Lucie County Circuit Court.
“Defendants knew, or should have known, that the design and function of TikTok, including, but not limited to, seeking and promoting social media addiction in minors and feeding minors an endless loop of personalized videos of sexual content, drugs, profanity, self-harm, violence, eating disorders, and/or other topics known to cause harm to Florida residents, particularly children and teens, would create a public nuisance in Florida,” the state said.
The state’s 2024 law prohibits children 13-and-under from creating an account on social media companies like TikTok, and requires parental consent for 14- and 15-year-olds to use the sites. The gist of the three-count, 66-page complaint is that TikTok’s age-gating policies aren’t following Florida’s laws, and that the company is underselling the amount of adult content on its platform to get lower age-restriction ratings in app stores with fewer parental interventions.
TikTok said in a statement that it “is built with safety at its core, with more than 50 preset safety and privacy settings for teens and easy-to-use tools for parents.”
The complaint alleges a tester account found videos of under-age girls positing videos simulating oral sex acts; that profane language and discussions of sex acts aren’t removed by the company so long as they’re in song lyrics; and that teenage users can access search engines while within the app to search for pornography and circumvent parental controls.
In a press release Uthmeier’s office said that “TikTok’s business model is built to prey upon addictive behaviors, which children and teenagers are particularly vulnerable to experiencing.”
A lawsuit challenging Florida’s restrictions for minors is currently before the Eleventh Circuit US Court of Appeals.
TikTok said it’s prepared to defend its record on minor safety.
“We’ve been engaging constructively and in good faith with the AG and have notified users under 14 in Florida that their accounts will be suspended. We’re continuing to update our platform in Florida in response to state law,” the company said.
The state hired outside counsel Cooper & Kirk PLLC to assist with the litigation. That’s part of Uthmeier’s broader strategy to tap outside firms to stretch the state’s limited resources as he goes after big companies.
The case is Office of the Attorney General, State of Florida v. TikTok Inc., Fla. Cir. Ct., complaint filed 6/15/26.
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