The Virginia Child Influencer Law (HB 2401, codified at Code of Virginia 40.1-109.1 and 40.1-109.2) has been in effect since July 1, 2025, and covers children under 16 featured in monetized video content.
When the Virginia Child Influencer Law Applies
A child is engaged in content creation work when at least 30 percent of a creator’s compensated video content in a 30 day period includes the child’s likeness, name, or photograph, and the content meets the platform’s compensation threshold or earns at least 10 cents per view. Covered creators must deposit a proportional share of earnings into a trust account under 40.1-109.2 and keep detailed records of videos, minutes featured, compensation, and deposits, sharing them with the child or parents.
Long-Tail Liability for Brands
Children or their parents can bring civil actions for violations, with a two year statute of limitations that starts when the child turns 18, creating long-tail liability. Brands sponsoring Virginia family creators should require proof of trust compliance in influencer contracts before any sponsored content featuring kids is published.
Source: Virginia Legislative Information System: HB 2401 (Code of Virginia 40.1-109.1 and 40.1-109.2)
Report a violation: If you believe a business is violating this law, you can file a complaint with the Virginia Attorney General Consumer Protection Section.
