issued
2025/11/28 09:16
The use of AI-generated images in digital menus is raising legal questions, sparking debates about transparency, and changing the way consumers evaluate advertising in the delivery sector.
Brazil’s food delivery sector is expected to expand significantly in 2024, driven by large platforms, and is currently re-evaluating how it delivers products to consumers.
As competition increases, restaurants are starting to embrace AI-generated images to make their food more visually appealing.
At the same time, cases have emerged of consumers using the same technology to manipulate photos and claim fraudulent refunds, leading to a debate about fraud and liability under criminal law and consumer protection law.
Suppliers using artificial images and consumer protection regulations
Consumer protection law states that all offers must provide customers with adequate, complete and clear information about the product.
Article 6, Item III of the CDC states that quantity, characteristics, composition, and quality must be accurately reported.
If an AI-generated photo shows a product that is different from the actual dish, it could violate transparency obligations.
Article 37, Article 1 of the Brazilian Consumer Protection Law (CDC) considers misleading advertising to be any message that can mislead consumers, such as exaggerations, omissions, or visual representations that contradict reality.
In such circumstances, pursuant to Article 35 of the Consumer Protection Act, the Customer may request fulfillment of the offer, accept another comparable product or terminate the contract.
Image manipulation and fraud by consumers.
Technology is also being used by consumers, which creates opportunities for illegal activities.
By altering photos to imitate non-existent defects, some users try to get a refund without any valid reason.
This act is considered an attempt to obtain unfair advantage and is subject to Article 171 of the Penal Code.
Beyond criminal liability, consumers may also be held civilly liable for damages caused to restaurants and streaming platforms.
Image tampering has therefore become a central point in discussions about security and integrity in distribution services.
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iFood guidelines for using AI in menus.
iFood commented on the issue, with the platform reiterating that AI-generated photos must represent the actual product.
According to the company, visual consistency maintains customer trust and reduces conflicts in digital consumption.
The platform’s terms of service require truthful representation of products, including a ban on incompatible images.
Additionally, users can report inconsistencies within the app, and each report undergoes internal review.
Penalties range from warnings to permanent exclusion from the facility.
Conar’s understanding of images that mislead consumers.
Conar maintains its own rules regarding accuracy, and these guidelines apply to images used in restaurants.
Article 27 of the Advertising Self-Regulatory Law prohibits visual elements that may mislead consumers.
Exaggerations, omissions, and ambiguities are considered violations and impair understanding of the nature and composition of the dish.
Therefore, your digital menu must faithfully represent the products on offer.
Therefore, suppliers must adopt strict standards for the visual design of their menus.
Procedures guided by consumer protection agencies.
Procon-SP recommends that you always file a complaint directly with the facility in the event of a discrepancy.
If no resolution is found, consumers can file a complaint through Procon’s official channels.
These measures are aimed at ensuring regulatory compliance and preventing protracted disputes.
Additionally, it reinforces the need for objective integrity at every stage of service.
Platforms and restaurants must therefore act with transparency and integrity.
The impact of regulation on consumer and business behavior
The discussion around AI in menus has changed the attitudes of both buyers and sellers.
Restaurants are starting to review their images and descriptions to avoid the risk of misleading advertising.
Consumers are now paying more attention to the authenticity of the photos they see on platforms.
Fraudulent behavior by both suppliers and customers can lead to administrative and legal consequences.
This reinforces the importance of clarity and honesty in the delivery department’s relationships with consumers.
