TikTok and Instagram Are in Trouble Again After Brazil's Takedown Order
Brazil gave TikTok and Instagram just 48 hours to remove thousands of illegal e-cigarette ads on their platform or face penalties.
Brazil just gave TikTok and Instagram 48 hours to pull illegal e-cigarette ads—or face the heat. What happens if they don’t? Fines, blocks, and serious regulatory fallout. If your business touches digital ads or content, or you manage social media accounts for businesses runnings ads in Brazil, you will want to read this.
Brazil's National Consumer Secretariat (part of the Ministry of Justice) gave TikTok and Instagram just 48 hours to take down from their platforms content promoting illegal electronic cigarettes and related accessories. Yes, you read that right, 48 hours! 🚀
This wasn’t just a quiet memo behind closed doors. The directive came through the National Council for Combating Piracy and Crimes Against Intellectual Property (CNCP).
If you are not familiar with them, they’re the enforcement watchdog keeping an eye on illegal commercial practices, especially anything that slips through the digital cracks.
And this time, the spotlight is firmly on TikTok and Instagram.
What Did Brazil Say Exactly?
Both TikTok and Instagram were officially ordered to take down any content advertising electronic cigarettes. These products are banned under Brazil’s current health regulations, and the government isn’t taking any chances.
Electronic cigarettes have been illegal to sell or advertise in Brazil since 2009 under Resolution RDC No. 46 of the Brazilian Health Regulatory Agency (ANVISA). But that hasn't stopped them from being glamorised on social media by influencers, sellers, and sometimes even bots. Now the government is stepping in.
The CNCP isn't only removing content. They’re also asking platforms to improve their internal monitoring to prevent this from happening again — and soon.
In TikTok’s case, the CNCP noted there were fewer violations compared to other platforms, but still flagged that content about restricted products must be eliminated. Instagram, on the other hand, had a bigger problem on its hands: the CNCP survey revealed 1,637 advertisements for illegal products on the platform. That's a lot of puffs. 🚬
So while TikTok was gently nudged, Instagram's notice felt more like a warning shot.
This Isn’t About Just One Country
You might be wondering: why should someone outside Brazil care? Well, here’s the thing. These enforcement actions are part of a bigger wave of regulatory scrutiny over how digital platforms control content related to restricted or illegal products.
Think about it. If you are a platform, your job no longer stops at just hosting content. Now you are expected to know what's being sold and promoted, who is promoting it, and whether it breaks national laws. And those laws vary wildly across regions.
Brazil is drawing a line in the sand. The message is loud and clear: if your content breaks local laws, even if it's posted by users, your platform is accountable. This action joins a growing global trend of governments expecting more proactive control from digital platforms.
TikTok and Instagram
For Instagram and TikTok, this isn’t just another compliance headache. It’s about whether their content moderation teams, machine learning filters, and ad review systems are truly effective.
According to Brazil’s Ministry of Justice, TikTok had a much lower volume of content pushing illegal e-cigarette products compared to other platforms. That might be due to better moderation tech, or simply less local uptake in that product space. Still, being better doesn’t mean you’re off the hook.
The government ordered TikTok to remove any existing content within 48 hours, and it didn’t stop there. TikTok must also step up its mechanisms for content oversight, especially on items that fall foul of Brazil’s consumer and health laws.
And lest we forget, this comes amid ongoing scrutiny of TikTok in various regions over data privacy and algorithmic transparency. This new action from Brazil just adds another item to their legal inbox.
Instagram: Facing the Bigger Cleanup 🪤
Meta, which owns Instagram, has seen its fair share of takedown orders globally. But this one should sting.
The CNCP reported that Instagram had the highest volume of illegal product promotions in their survey, with over 1,600 separate ads featuring electronic cigarettes and related gear. That’s not just a slip-up. That’s a major content control failure.
So what happens next? Instagram has 48 hours to act and likely already has by the time you are reading this. But the bigger issue is what comes after. Brazil expects Meta to boost its ad screening systems and content monitoring to keep future violations off the platform.
This kind of pressure could spark further automation efforts or new policy shifts inside Meta, especially for Instagram’s regional teams.
What Does This Mean for Platforms Everywhere? 📈
Governments are no longer content to wait for platforms to self-regulate. They want swift action, visible results, and structural changes.
Whether you are managing a marketplace, social app, or content feed, compliance is becoming part of your product design. It is not just about building a good app. It is about embedding legal awareness into your systems from the start.
A few key things to think about:
Monitoring mechanisms: Are your AI or human teams actually flagging illegal product content effectively?
Regional compliance: Do your content policies align with national health and consumer protection laws?
Advertising filters: Is your ad platform blocking banned products before they go live?
If the answer to any of those questions is a shrug, then you’re one enforcement letter away from trouble.
⏰ Enforcement Is Getting Faster and Bolder
One standout feature of this Brazil case? Speed. The 48-hour deadline was not a suggestion, it was a command.
Gone are the days when platforms could spend weeks "reviewing" their policies. Regulators like Brazil's CNCP now expect real-time responsiveness. That creates new pressures not just for compliance teams but also for engineers, content reviewers, and even legal advisers.
And what happens if a platform fails to comply in time?
Well, for starters, Brazil can initiate formal administrative proceedings. These can result in heavy financial penalties under the Consumer Defence Code (CDC), which provides for fines that can run into the millions depending on the size of the company and the gravity of the offence. The authorities can also order a suspension of the offending content or even restrict parts of the platform’s operation within Brazil.
In the case of repeated non-compliance, platforms risk not just reputational damage but potentially more aggressive sanctions. That could mean having their app temporarily blocked, suspended, or even banned. Brazil has done this before with platforms that refused to hand over user data during investigations.
Beyond Brazil, other governments are watching. A platform that doesn’t comply with one country’s consumer protection rules could be flagged as unreliable elsewhere. That increases regulatory risk across the board.
And Brazil isn’t acting alone. The EU's Digital Services Act (DSA) is already applying pressure in Europe. The UK's Online Safety Act is set to follow. The US is sharpening its focus on influencer disclosures and product safety content.
The message is consistent: if something illegal is being promoted on your platform, expect consequences. And if you ignore a takedown order? Expect those consequences to be much worse.
🧰 What Do You Need to Do?
First, platforms like TikTok and Instagram will need to recalibrate. Beyond just obeying this order, they have to show they are serious about keeping prohibited products out of their ad networks and content feeds.
Expect more transparency reports. Expect algorithm tweaks. Maybe even new user-reporting features for illegal product content. Whatever happens, Brazil's enforcement might just push other countries to act quicker too.
For businesses using Instagram or TikTok for marketing, here's the takeaway: make sure your campaigns do not promote illegal products in countries where you show your ads.
Partnering with influencers? Check what they are posting. Running targeted ads? Double check your product categories.
If you are in the grey area, you're already in trouble.