Rick Scott's new ad could land him in hot water with the Department of Defense

Florida Republican Sen. Rick Scott’s new ad features American servicemembers in uniform but lacks the legally required disclaimer for using such images.

Scott is currently seeking a second term in the U.S. Senate. His Democratic opponent is former Rep. Debbie Mucarsel-Powell.

The 30-second ad, titled “Leadership,” features local sheriffs praising Scott’s work on hurricane and natural disaster relief. It shows images of Scott touring hurricane wreckage with uniformed National Guard members. The ad is running statewide in Florida.

The Department of Defense (DoD) has strict rules dictating how images of servicemembers are used in campaign materials. Generally, a disclaimer is required clearly stating that the images do not imply endorsement by DoD or the armed services. The purpose of this rule is to maintain the apolitical stance of the U.S. military.

No such disclaimer appears in Scott’s ad.

An earlier version of this ad was shared online by Scott’s campaign. That version also lacked the required disclaimer.

Failure to comply with this rule can lead to the DoD demanding the ad be taken down or leave Scott’s campaign vulnerable to legal action. 

In 2017, President Donald Trump was forced to scrap an ad that featured an image of National Security Advisor H.R. McMcaster in uniform. The image did not include a disclaimer and was used without McMaster’s or the DoD’s consent.

A Scott campaign spokesperson did not respond to questions for this story. A Marist College poll from October showed Scott leading Mucarsel-Powell by two percentage points.