Many jurisdictions have a truth in menu clause. In addition, the FDA food code has a clause that requires that food must be honestly presented. Meaning, food must be offered “in a way that does not mislead or misinform the consumer.” Nothing can be used to misrepresent the true appearance, color, or quality of a food item, such as color additives, or colored over-wrapping.

Laura Collier, Esq. is a food & beverage attorney based in Raleigh, North Carolina. Laura is a longtime member of the food & beverage industry, including experience working with wine & beer retail, restaurants, alcohol distribution, and event planning.

In this CLE clip, Laura discusses Food Truck Operations Drafting Menus.

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The food must be accurate with respect to ingredients, weight or serving sizes, method of production, origin, and any certifications. Regarding nutritional claims of food truck food, must be accurate. If you claim your food is nutritional or healthy, you must provide supported documentation. This documentation must be presented in a reasonable manner, and must be able to support the nutritional claims made.

If you claim your food is gluten-free, it must be less than 20ppm. Fresh food can not be frozen, thermally processed, or preserved. If you use the term organic, ingredients can not use certification logo, if the ingredients have been processed in any way.

Food trucks must disclose raw or under-cooked animal food and egg ingredients such as raw oysters, or hamburgers that can be cooked to order. You also must remind your customers of the significantly increased risk of consuming such foods with this disclosure: “ Consuming raw or under-cooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.”