Florida Restaurant Advertising Rules: What the Law Requires and How to Comply
Which rules apply to a Florida restaurant's advertising: nothing deceptive, real reviews that are never bought, no advertising paid for by alcohol brands, where their signs can go, and calories on chain menus. Every rule with its citation and source.
Short answer
Florida restaurants don't have an advertising code of their own, but general rules apply: Florida's law against deceptive practices (FDUTPA), the FTC rule against fake or bought reviews, the alcoholic beverage law, which bars alcohol brands from paying for a restaurant's advertising and limits their signs, and, for chains with 20 or more locations, calories on the menu, online menus included.
Unlike lawyers or dentists, restaurants in Florida have no advertising rule of their own. That doesn't mean there are no rules: general ones apply. These are the ones that matter most in a restaurant's marketing, each with its citation. All of them were checked at their official source on October 17, 2026.
1. Nothing deceptive
The Florida Deceptive and Unfair Trade Practices Act makes unfair methods of competition and unfair or deceptive acts or practices in any trade or commerce unlawful. In applying it, great weight goes to the FTC and the federal courts (§501.204(1)–(2), F.S.).
How we handle it: we photograph your real dishes and publish the prices and promotions your restaurant confirms.
2. Real reviews, never bought
The FTC's rule on reviews makes it deceptive for a business to write, create or sell reviews or testimonials that misrepresent that the reviewer exists, used the product or service, or what their experience was, or to buy or spread such reviews knowing, or when it should know, they're fake (16 CFR 465.2). It also bars paying or giving incentives for reviews that express a particular opinion, positive or negative (16 CFR 465.4). If an officer or manager of the business writes a review, it has to disclose their relationship to the business (16 CFR 465.5(a)).
And a business can't use unfounded legal threats, intimidation or false accusations to prevent or remove reviews, or suggest that the reviews it displays are all or most of them when negative ones are being hidden (16 CFR 465.7).
How we handle it: we ask real customers for reviews without making anything depend on a good one, and we never write reviews for the restaurant.
3. No advertising paid for by alcohol brands
Manufacturers, distributors, importers, brand owners and their sales reps can't give a licensed vendor, like a restaurant, money, services or anything else of value outside the rule's exceptions, and that includes cooperative advertising: taking part in or paying for the restaurant's advertising alongside it. The restaurant can't accept it either (61A-1.010(1)–(2), F.A.C.). For beer, the law says it again: beer manufacturers and distributors can't run cooperative advertising with a vendor or name it in advertising for a tasting (§561.42(14)(e), F.S.).
How we handle it: your restaurant pays for its own campaigns; we don't build ads co-funded by a beer, wine or liquor brand.
4. Alcohol brand signs: inside yes, outside no
No vendor can put up a sign for an alcoholic beverage brand on the outside of the premises, on its grounds or on the building. Inside and in the windows, signs, posters and other material for the brands it sells are fine, but no more than one neon or electric sign per manufacturer in the windows (§561.42(9)–(11)).
How we handle it: if we design your signage, alcohol brands go only inside or in the windows, within that limit.
5. Chains with 20 or more locations: calories on the online menu too
The FDA rule applies to restaurants that are part of a chain of 20 or more locations under the same name with substantially the same menu, or that register voluntarily, and online menus count as menus (21 CFR 101.11(a)). At those locations, the menu lists calories for each standard item and carries two statements: "2,000 calories a day is used for general nutrition advice, but calorie needs vary." and "Additional nutrition information available upon request." (21 CFR 101.11(b)(2)). The FDA's menu labeling page confirms compliance has been required since May 7, 2018.
How we handle it: if your restaurant is part of such a chain, the website menu shows the calories and both statements, using the figures your restaurant provides.
The rules at a glance
| Topic | What it requires | Citation |
|---|---|---|
| Content | Nothing unfair or deceptive | §501.204, F.S. |
| Reviews | Neither fake nor bought; no incentives for a particular opinion | 16 CFR 465.2 and 465.4 |
| Staff reviews | A manager or officer discloses the relationship | 16 CFR 465.5(a) |
| Alcohol brands | They don't pay for or share the restaurant's advertising | 61A-1.010, F.A.C.; §561.42(14)(e), F.S. |
| Alcohol signs | Not outside; one neon sign per manufacturer in the windows | §561.42(9)–(11), F.S. |
| Chains of 20 or more | Calories and two statements on every menu, online included | 21 CFR 101.11 |
Where this fits in your marketing
At Brito Marketing these rules go into every campaign from the first draft, in English and Spanish. That's how we approach marketing for restaurants in Florida. If you already know what you need, create your marketing plan on our website.
Sources
§501.204, F.S. · 16 CFR Part 465 · 61A-1.010, F.A.C. · §561.42, F.S. · 21 CFR 101.11 · FDA: Menu Labeling Requirements. All checked on October 17, 2026.
This isn't legal advice; review your ads with your attorney or with the Florida Division of Alcoholic Beverages and Tobacco.
Twenty years building brands in New York, Las Vegas and Miami, where he's based today. He leads a Miami team that shoots commercials on cinema cameras and runs proprietary AI infrastructure. He believes great marketing starts with truly understanding the customer — and that honesty, often frowned upon in this industry, is what separates partners from vendors.
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