Chamber debates bill that requires restaurants to offer physical menus

The Chamber of Deputies debates a bill that could make it mandatory for restaurants, cafeterias, bars and similar establishments to make a printed menu available in physical format. The proposal was filed in March last year by deputy Juninho do Pneu (União Brasil-RJ) and was approved, last Wednesday (24), by the Consumer Protection Commission.

The issue is now being analyzed by the Constitution and Justice Committee, where a final decision will be made. This means that if it is approved by the board and there is no appeal for a vote in the Chamber plenary, the project will go straight to debate in the Senate. Only after receiving the approval of senators will the proposal go to presidential approval, become federal law (valid throughout the country) or be vetoed. There is no forecast for this entire process to be completed.

The digital menu, generally accessed via a link or a QR Code, was widely adopted by food businesses during the Covid-19 pandemic as a way to reduce the spread of the virus that causes the disease. The practice, however, has not been reversed by many establishments, which have not yet returned with a physical menu, and is causing controversy. While some defend the digital format, others are opposed and ask for the return of the physical menu.

Arguments

When justifying his project, the deputy author stated that offering the digital menu presents advantages for establishments, such as the dynamism in inserting and deleting items, the speed in updating prices and the ease in describing the nutritional information of the foods offered. He highlighted that this “convenience”, when exclusive, has generated inconvenience for consumers.

“The virtual menu is often made available through the use of links and QR-codes, which forces the customer to use their own electronic devices (cell phones, tablets, etc.) to access it,” he wrote. the author.

“As a result, customers who have a cell phone with lower processing capacity or a smaller screen, as well as those who are not familiar with with digital technologies and those who, for whatever reason, do not have an electronic device that allows access to the menu offered virtually”, added the deputy.

He added that “some establishments have taken advantage of customers’ digital access to the menu to capture their information and preferences and use them for advertising purposes, even without their consent.” “There are increasingly frequent reports of consumers who, after accessing virtual restaurant menus, began to insistently receive uncomfortable messages with offers and advertisements, without their authorization”, he added.

What the text says

According to the latest version of the text under debate, the physical menu will be mandatory in in-person establishments. The exception will be in stores that have exclusive use of self-service and/or self-service by customers or that provide menus on company electronic devices. Digital menus will be accepted as long as printed menus are simultaneously available.

The text also prohibits the practice of making access to physical or digital menus conditional on the creation of a consumer record or database, as well as using any information obtained during service to send advertising messages, unless there is express authorization. of the customer. The company that fails to comply with the rule may be penalized in accordance with the rules of the Consumer Protection and Defense Code.

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