FOOD INFORMATION AND ALLERGENS IN RESTAURANTS In the out-of-home food sector, such as restaurants and catering services, ensuring that consumers have access to meaningful and relevant food information presents specific legal and practical challenges. Unlike prepacked food, which is accompanied by static and standardised labelling, food served in restaurants is subject to spontaneous verbal communication, frequently changing menus, and limited physical space for disclosures. The supply of food information in the second instance is regulated by two legislative measures mainly: Regulation (EU) No 1169/201124 on the provision of food information to consumers (FIC Regulation), and Regulation (EC) No 1924/200625 relating to the use of nutrition and health claims made on foods (NHCR). Together, they impose a dual responsibility on food business operators in the restaurant sector: to ensure transparency in the information provided and to comply with strict rules governing statements about the nutritional or health benefits of food. The FIC Regulation constitutes the principal legal framework governing the provision of food information to consumers in the European Union. Although its primary focus lies on prepacked food products, several of its key provisions—particularly those related to allergen disclosure—explicitly apply to non-prepacked foods, including meals served in restaurants and other catering establishments. The Regulation thereby affirms the consumer’s right to access essential information, regardless of the food’s presentation or packaging format. One of the Regulation’s most significant applications in the out-of-home sector concerns the communication of allergenic substances. While allergen disclosure is mandatory, Article 44 grants Member States discretion in determining the specific modalities of this obligation. Consequently, national legal regimes diverge: some require written disclosure through menu annotations or accessible charts, whereas others allow oral communication under the condition that it 24 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (Text with EEA relevance) (http://data.europa.eu/eli/reg/2011/1169/2025-04-01). 25 Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (http://data.europa.eu/eli/reg/2006/1924/2014-12-13). 548 KAROLINA PRUCHNIEWICZ
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