Ashlee Difuntorum recently authored an article for Forbes examining TikTok’s new restaurant discovery and booking feature, Must Eat, which turns more than 40 million creator posts, reviews and comments into a searchable restaurant guide. The feature allows users to discover restaurants and book select establishments through OpenTable without leaving the app.
While TikTok promises that “no restaurant can pay to be featured,” Ashlee explains that “whether it holds for what restaurants pay creators depends on something TikTok can’t fully control: whether creators disclose it.” Restaurants frequently invite creators for complimentary meals or pay them to promote their establishments, raising questions about transparency and the authenticity of online recommendations.
Ashlee explores how the Federal Trade Commission’s (FTC) Endorsement Guides require creators to disclose any “material connection” to a business they promote, noting that “a free meal counts.” She also discusses the FTC’s Consumer Review Rule, which prohibits businesses from offering incentives in exchange for positive reviews.
The article also examines the potential liability surrounding TikTok’s restaurant rankings. Drawing comparisons to Yelp litigation, Ashlee explains that while the Communications Decency Act has historically protected platforms that aggregate user-generated content, TikTok’s approach involves more than simply displaying posts. As she writes, “It is scoring restaurants, sorting them into tiers and attaching ‘recommendation reasons.’”
Ashlee notes, “the more a platform shapes the output itself, the stronger the argument that the ranking is TikTok’s own content, not just its users.” However, she explains that restaurant rankings are generally protected as opinion under the First Amendment, leaving businesses with limited legal recourse if they disagree with their placement or score.
