When does an AI picture become a problem?
As soon as it promises more than the plate delivers. Section 5 of the German Unfair Competition Act (UWG) bans misleading claims about a product's main features, including quantity, nature and composition. A picture showing ten prawns when three arrive is a risk as an AI image, just as it is as a flattering real photo. The law doesn't care about the technology here.
| Example | Our view |
|---|---|
| AI image shows the dish exactly as served, labelled | Defensible. |
| A clearly drawn illustration | Fine, it fools nobody. |
| Deceptively real picture with no note | Skip it, it risks trouble and trust. |
| Bigger portion or different ingredients than in reality | Don't do it, whether AI or camera. |
Does an AI photo have to be labelled?
Nobody can say for sure yet. In Article 50(4), the EU AI Act obliges anyone using deceptively real AI content to disclose it. According to this source, that applies from 2 August 2026. Under Article 3 point 60, a deep fake is an AI image resembling real persons, objects or places that would falsely appear authentic.
As far as we know, nobody has decided whether a picture of a burger counts. The definition names objects outright, and anyone who takes the picture as real is mistaken. A short note such as "AI image" costs you nothing and settles the question. In Germany, your chamber of commerce (IHK) can help with specific cases.
Aren't real photos better?
Mostly, yes. A real photo shows what guests get, and over time that's your strongest argument. You don't need a professional: put the plate by the window, shoot from a slight angle with your phone and no flash, and use a dish that's just going out. The portion being right matters more than the prettiest light.
AI images are a stopgap, for example at the start, when you have no photos for the whole menu. Replace them bit by bit, starting with your best sellers.
How else AI helps with a menu is in creating a menu with AI.
How do you mix real photos and AI pictures without misleading anyone?
In the NFCeez menu, you decide with a yes or no, when your menu is read in, whether the AI should make photos. It only makes them for dishes with a description, and guests see a mark on each of those pictures saying it's an AI photo. As soon as you have a photo of your own, you use that instead. Still check every picture against the real plate, and start by replacing any that show more than arrives. Whether the mark is enough legally in every case is something NFCeez can't promise either.
What do you do tonight?
Your next step: go through your menu tonight and flag every AI picture that shows more than reaches the plate. Replace those first.
How NFCeez does thisAI pictures with a mark, your own photos any time.Whether the AI makes photos is your yes or no. Guests see a mark on every AI picture, and you can switch to your own photos whenever you like.See how it works
