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Article 7 of EU 1169/2011: fair information, misleading menus and food photos

By the Menulta editorial team · Facts checked 15 October 2026 · Updated 15 October 2026

The short answer

Article 7 of Regulation (EU) No 1169/2011 says food information must not mislead, must be accurate, clear and easy to understand, and must not claim that a food prevents, treats or cures a disease. It applies to everything about how a food is presented, including advertising, packaging and the setting in which it is displayed. For a restaurant, it covers dish names, menu descriptions, photographs and anything staff say about a dish.

The four paragraphs of Article 7

Article 7 is the general fairness rule that sits above every specific labelling requirement. It applies to non-prepacked food too, so it reaches restaurant menus even where Article 44 limits the mandatory particulars to allergens.

  • 7(1): Information must not mislead about the characteristics of the food: its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, and method of production. It must not attribute effects the food does not have, suggest special characteristics that all similar foods share, or suggest an ingredient is present when it has been replaced by something else.
  • 7(2): Information must be accurate, clear and easy for the consumer to understand.
  • 7(3): Information must not attribute to a food the property of preventing, treating or curing a human disease, apart from narrow exceptions in other EU law.
  • 7(4): The same rules apply to advertising and to the presentation of food, including its shape, appearance, packaging, the materials used and the way it is arranged and displayed.

Dish names and descriptions

Menu language is where Article 7 bites most often. Words such as 'fresh', 'homemade', 'local', 'wild', 'free-range' and 'handmade' describe characteristics of the food. If they are not true, the description is misleading, whatever the intention.

Common misleading menu wording and fairer alternatives
Menu claimWhen it misleadsFair alternative
Fresh fish of the dayThe fish was frozenFish of the day (previously frozen)
Homemade cheesecakeBought in ready-madeCheesecake, or name the bakery
Local lambImported lambLamb, with the actual origin
Parmesan shavingsA generic hard cheeseHard cheese shavings
Crab saladMainly surimi (fish-based crab substitute)Seafood salad with surimi
Buffalo mozzarellaCow's-milk mozzarellaMozzarella

Substituted and imitation ingredients

Article 7(1)(d) specifically prohibits suggesting, through appearance, description or pictures, that a particular food or ingredient is present when a component or ingredient normally present has been substituted with a different one. Analogue cheese on a pizza described simply as 'cheese', or a sauce made with vegetable fat sold as 'cream', are classic examples.

Substitutions also carry allergen consequences. Surimi is fish and may contain egg, wheat or crustacean extract. A plant-based 'cream' may contain soy or nuts. When you substitute an ingredient, update the description and the allergen record together.

Food photographs

Article 7(4) brings presentation and appearance into scope, so menu photographs are food information. A photo that shows a larger portion, extra toppings, a different garnish or an ingredient the dish does not contain can mislead in the same way as a false description.

The practical standard is that the photo shows the dish as it is actually served. Lighting, styling and retouching that make the real plate look its best are normal. Showing prawns on a pasta that comes without them, or a steak twice the size of the one served, is not.

AI-generated images raise the same question more sharply. An invented image of a dish is very likely to differ from the real plate. Photographing the actual dish, then improving light and background without changing the food, keeps the image honest.

Health claims on menus

Article 7(3) prohibits claims that a food prevents, treats or cures a disease. Phrases such as 'boosts immunity', 'detox' or 'anti-inflammatory' on a menu are risky. Nutrition and health claims are governed by Regulation (EC) No 1924/2006, which only allows authorised claims under set conditions. Unless you are confident a claim is authorised and its conditions are met, describe the ingredients instead of their supposed effects.

A quick Article 7 check for any menu

Run these five questions over each dish before a menu goes live or a photo is published.

  • Is every adjective (fresh, local, homemade, wild) literally true today?
  • Is any named ingredient replaced by a cheaper or different one?
  • Does the photo show the dish exactly as served, with the same components?
  • Does any phrase suggest the dish prevents or treats a condition?
  • Do the description, photo and allergen record all match the current recipe?

Sources

This guide is general information, not medical or legal advice. Guests with an allergy should follow their doctor's advice. Operators should confirm their own setup with their food safety adviser or local authority.

Questions

Common questions

Does Article 7 apply to restaurant menus?
Yes. Article 7 applies to all food information, including non-prepacked food, advertising and presentation. Menu names, descriptions, photos and verbal descriptions are all covered.
Can a restaurant call frozen fish 'fresh'?
No. Describing frozen fish as fresh misleads about the nature of the food. Describe it accurately, for example as 'previously frozen'.
Are styled food photos misleading?
Good lighting and styling are fine. A photo becomes misleading when it shows different components, a larger portion or ingredients the dish does not contain.
Can a menu say a dish is 'detox' or 'immune boosting'?
This is risky. Article 7(3) bans disease prevention and treatment claims, and health claims must be authorised under Regulation (EC) No 1924/2006.

Allergens on every dish, in your guest's language

Menulta keeps the allergen record per dish and shows it in 30 languages on a QR code menu.

How the QR code menu works

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