TikTok Shop found itself in hot water recently when a BBC investigation uncovered multiple food sellers operating without proper allergen declarations.
These findings shine a spotlight on a major retail dilemma: how do we balance the rapid sales potential of social commerce with the life-or-death importance of food safety compliance?
TikTok has fundamentally transformed how food trends emerge and spread, creating a direct pipeline from viral video to shopping basket. But the platform’s quick and informal sales style doesn’t exempt sellers from legal and ethical obligations.
Media investigation exposes gaps in TikTok's food safety
Over 220 million people globally suffer from food allergies. For these consumers, purchasing food and drink through TikTok could pose a significant health risk.
The BBC’s recent investigation found TikTok Shops selling food and beverage products without proper allergen declarations. Infringements included sweets with no allergen information and some with no ingredient listing whatsoever.
Investigators also encountered a burger-making kit that failed to declare milk and wheat among its ingredients, two major allergens required on all food labels in multiple countries, including Brazil, Canada, Japan, South Africa, the UK, the USA, and across the EU.
TikTok responded to the BBC’s findings by removing the flagged listings and stated its commitment to providing a safe and trustworthy shopping experience. However, non-compliant sellers continue to be active on the social network.
Dubai chocolate: a case study in viral success and compliance failure
Social media has a powerful influence on food and beverage buying behaviour. Major grocery retail stores have credited TikTok as driving demand for specific products. But the rapid rate at which trends explode on TikTok is creating friction with regulatory compliance.
No product better exemplifies the promise and peril of TikTok food commerce than Dubai chocolate.
Pistachio-filled Dubai chocolate bars have been one of the defining food trends of 2024/25, with international sales increasing by 300% year on year. TikTok has been instrumental in Dubai chocolate’s global success. However, the craze also highlights the platform's compliance vulnerabilities.
The UK Food Standards Agency (FSA) recently issued a warning about imported Dubai-style chocolates that may not comply with local labelling laws. Professor Robin May, Chief Scientific Advisor to the FSA, cautioned that "some imported Dubai-style chocolate products don't meet our standards and could be a food safety risk, especially for consumers with allergies."
The FSA discovered Dubai chocolate sold on TikTok that lacked complete ingredient lists, failed to highlight allergens, and even contained unauthorised colours and additives. The agency advised consumers to stick with trusted retailers where products are "more likely to be made for UK consumers and so are safe to eat."
Understanding TikTok Shop's food and beverage guidelines
Given these serious compliance concerns, what exactly are TikTok's rules for food sellers in the UK and EU markets?
According to the platform's UK selling guidelines, food and beverage items are classified as 'Invite Only Products' on TikTok Shop. Sellers must complete an invite-only onboarding process before they can list any food items.
TikTok explicitly prohibits several food categories, including alcoholic drinks (anything over 0.5% ABV), baby formula and certain food additives.
For permitted food and drink products, selling requirements include:
Food Business Operator (FBO) registration: All sellers must register with their local authority.
HACCP plan: Manufacturers must submit a Hazard Analysis and Critical Control Point (HACCP) plan to ensure product safety from biological, chemical and physical hazards.
Comprehensive labelling requirements: For pre-packed foods, sellers must provide:
- Legal name of the food
- Net quantity (weight)
- Durability indication ("best before" or "use by" dates)
- Name and address of the Food Business Operator
- Full ingredients list with allergens clearly highlighted
- Country of origin (mandatory for certain products)
- Nutritional information
- Storage conditions and usage instructions where applicable
Allergen declarations: Any of the 14 allergens listed in EU Regulation 1169/2011 (retained in UK law) must be distinctly highlighted.
Localised requirements are available for people selling on TikTok in other regions: for example, here are the USA’s TikTok Shop guidelines.
The platform requires all mandatory information to be provided both at the point of sale (on the product detail page) and at the point of delivery. However, as the FSA and BBC investigations illustrate, this does not always happen in practice.
Food laws apply everywhere (including TikTok Shop)
TikTok Shop's accessibility and viral potential offer a grassroots alternative to traditional retail channels, helping small producers to reach thousands of people without massive marketing budgets.
But here's what many TikTok sellers seem to miss: the rules governing food sales on social media platforms are the same as any other online channel, whether that's a direct e-commerce site or established marketplaces like Amazon.
Dr James Cooper, Deputy Director of Food Policy at the FSA, makes this crystal clear: "Wherever people buy their food, it needs to be safe and what it says it is…All food businesses have a legal responsibility to sell safe food and provide allergen information,” he told the BBC.
For sellers operating internationally through TikTok, the compliance challenge becomes even more complex. Each country has its own food safety regulations, allergen requirements and labelling standards. What is compliant in one market may not meet the criteria in another, making expert food law guidance essential for cross-border sales.
Read our blog post on UK, USA and Australian allergen labelling for more information on managing international allergen information.
Sellers must take responsibility for TikTok compliance
Food trends can spread rapidly on social media. A single viral video can drive thousands of purchases within hours, meaning a non-compliant product can reach vulnerable consumers at scale before any intervention is possible.
As the Chartered Institute of Environmental Health (CIEH) notes, there's an "urgent need to future-proof" the online food safety system. In the immediate term, however, the responsibility falls on sellers to ensure compliance with local food regulations.
For legitimate food businesses looking to harness TikTok's commercial power, compliance cannot be an afterthought. The same rigorous approach to food law that governs traditional retail must be applied to social commerce, regardless of how casual or fun the platform might seem.
Hooley Brown: Your social commerce legal expert
If you're looking to tap into TikTok's vast sales potential while meeting food safety regulations, you don't have to go it alone. Hooley Brown helps brands navigate the complex intersection of commerce and compliance.
From ensuring your allergen declarations meet legal requirements to implementing robust systems that scale with viral growth, we provide the expertise you need to sell with confidence on TikTok Shop and beyond.
Get in touch with Hooley Brown to ensure your TikTok Shop is commercially successful and fully compliant.
