TikTok Rules in the United States (2026): Age, COPPA, State Laws & the Divestiture

The US is the only country to have forced a change of TikTok's ownership — and its rules are a patchwork of one federal privacy statute (COPPA), a unique divest-or-ban law (PAFACA), and a growing, heavily-litigated layer of state laws. Here is what applies in 2026, with sources.

TL;DR — key takeaways

• Minimum age: 13 nationally, 14 in Florida. A COPPA-mandated, restricted "Under 13 Experience" exists as a US-specific tier.
• TikTok is not banned. After the Supreme Court upheld PAFACA (Jan 2025), a divestiture closed 22 January 2026 into a majority-US-owned joint venture.
• COPPA is the core child-privacy law; TikTok/ByteDance settled for $400 million in August 2026.
• State laws add duties — Florida HB 3 (in force, contested) and Utah's Minor Protection Act (enjoined) require age verification/parental consent.
• Paid political advertising is banned entirely on TikTok in the US.

Quick reference

Is TikTok banned in the United States?

No. TikTok was subject to PAFACA (the "Protecting Americans from Foreign Adversary Controlled Applications Act"), enacted 24 April 2024, which required divestiture from foreign-adversary control or removal from US app stores. The Supreme Court upheld it unanimously in TikTok Inc. v. Garland on 17 January 2025. A qualifying divestiture then closed on 22 January 2026: US operations moved to TikTok USDS Joint Venture LLC, majority US-owned, with ByteDance holding under 20% and Oracle designated as the US security provider. The three lead investors are reported as Oracle, Silver Lake and MGX (an Abu Dhabi sovereign fund), each around 15%, with other investors in the wider pool. (Congress.gov – PAFACA text, CRS analysis)

"Majority US-owned" is the government/deal framing; because MGX is non-US and existing ByteDance-affiliated investors retain a stake, treat it as the deal's characterisation rather than a clean arithmetic majority of US persons.

What is the minimum age for TikTok in the US?

13 nationally. TikTok's US Terms of Service (effective 15 July 2026) bar under-13s from the standard app; the 13 floor tracks COPPA, which regulates data collection from children under 13. Florida raises the floor to 14 under HB 3, and TikTok's US Terms encode that state-specific carve-out. Under-13s in the US are routed to a separate "Under 13 Experience" with no comments, messaging, video sharing or public profile, and minimal data collection. (TikTok US Terms)

COPPA and the $400M settlement

COPPA (15 U.S.C. 6501–6506; FTC Rule at 16 CFR Part 312) requires services directed to — or knowingly collecting data from — children under 13 to obtain verifiable parental consent before collecting personal information. (eCFR)

• The 2025 amended COPPA Rule (effective 23 June 2025; full compliance by 22 April 2026) expands "personal information" to include biometric and government-ID identifiers and requires separate parental consent to disclose a child's data for targeted advertising. (Federal Register)
• On 21 August 2026, DOJ/FTC announced a $400 million settlement ($300M immediately + $100M conditional) resolving a 2024 lawsuit alleging TikTok let under-13s create standard accounts and collected their data without consent — among the largest COPPA recoveries ever. (DOJ press release)

State-law layer (fragmented and litigated)

• Florida HB 3 – Online Protections for Minors (effective 1 Jan 2025): bans under-14 accounts, requires parental consent for 14–15-year-olds, mandates age verification and deletion of underage accounts, and blocks under-18s from material harmful to minors. Enforcement is subject to ongoing First Amendment litigation. (Florida Senate – HB 3)
• Utah Minor Protection in Social Media Act (2024): requires age verification and parental controls, but was preliminarily enjoined on 10 September 2024 (NetChoice v. Reyes). (Utah Legislature – HB 464)

Content & advertising rules

• Paid political advertising is prohibited entirely — no political ads, no paid promotion of political content, and no advertising by political figures/entities. (TikTok Ads policy)
• Gated industries (alcohol, financial services, dating, supplements, some OTC medications) require enhanced documentation or geo-limits under the Branded Content Policy. (TikTok Branded Content)
• Youth defaults (under-16 accounts private by default, restricted DMs) apply, layered on state parental-consent rules where enforceable.
• Governing law: US user disputes are governed by California law, in Los Angeles-area courts, within a 1-year limitation window. (TikTok US Terms)

What creators & brands should do

1. Gate at 13 (14 in Florida) and expect the restricted Under-13 tier for younger flagged users.
2. Never run paid political content — it is banned outright.
3. Treat under-13 data as high-risk — the 2025 COPPA amendments and the $400M settlement signal aggressive enforcement.
4. Track state law if you operate in Florida or Utah; requirements differ and are in active litigation.

Frequently asked questions

What is the minimum age to use TikTok in the US? 13 nationally (COPPA-driven); 14 in Florida under HB 3. Under-13s get a restricted "Under 13 Experience."

Is TikTok banned in the United States? No. PAFACA was upheld in January 2025 and a divestiture closed 22 January 2026 into a majority-US-owned joint venture with Oracle as security provider.

What is the $400M TikTok fine? A DOJ/FTC COPPA settlement announced 21 August 2026 over alleged collection of under-13 children's data without parental consent.

Can I run political ads on TikTok in the US? No. Paid political advertising and advertising by political figures are prohibited.

Accuracy & limitations

Load-bearing facts are supported by primary sources (Congress.gov, DOJ, FTC/Federal Register, Florida & Utah legislatures, TikTok's US Terms). The exact injunctive obligations in the $400M settlement order, the precise current enforcement posture of Florida HB 3, and any operational policy changes flowing from the January 2026 divestiture were not confirmed from primary court/company documents. Reliability: high.

Sources

1. Congress.gov – PAFACA text (H.R. 7521): https://www.congress.gov/bill/118th-congress/house-bill/7521/text
2. Congressional Research Service – PAFACA analysis: https://www.congress.gov/crs-product/LSB11127
3. DOJ – $400M TikTok/ByteDance COPPA settlement: https://www.justice.gov/opa/pr/justice-department-secures-400m-settlement-tiktok-and-bytedance-resolve-childrens-privacy
4. TikTok – US Terms of Service: https://www.tiktok.com/legal/page/us/terms-of-service/en
5. Federal Register – Amended COPPA Rule (2025): https://www.federalregister.gov/documents/2025/04/22/2025-05904/childrens-online-privacy-protection-rule
6. eCFR – COPPA Rule (16 CFR Part 312): https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312
7. Florida Senate – HB 3: https://www.flsenate.gov/Session/Bill/2024/3
8. Utah Legislature – HB 464: https://le.utah.gov/~2024/bills/static/HB0464.html
9. TikTok Ads – political advertising prohibition: https://ads.tiktok.com/help/article/tiktok-ads-policy-politics-government-and-elections
10. TikTok Ads – branded content country-specific requirements: https://ads.tiktok.com/help/article/branded-content-policy-country-specific-requirements