[Fact Check] AI-drawn snack image inside the packaging… Can it be different from the real thing?

A controversy over 'exaggerated advertising' arose online regarding cake products recently launched by a large domestic confectionery company.

On the outside of the product packaging, an image appeared as if raspberry syrup made up most of the cake content (filling), but the actual product felt like it contained much less syrup.

There have been several cases like this before where there was a difference between the image on the packaging and the actual product, leading to controversy.

We looked into whether there were any problems with advertising or packaging that differed from the actual product, and related laws and systems.

◇ Food industry’s ‘packaging picture trick’ repeats

The product in controversy this time is a limited edition of Lotte Well Food's 'Custard' product, which contains custard cheese cream and raspberry syrup.

In the image on the outside of the package, you can see a considerable amount of raspberry syrup on the cross section of the product.

However, on the Internet, there was a series of criticisms that the syrup was located at the end and was not visible at all.

In fact, when I cut the product in half several times and checked it, the syrup was at the end and could not be seen at all, and some products had quite a lot of syrup in the halfway point.

Regarding this, the manufacturer explained, "We are injecting the correct amount, but due to the process, the syrup is injected first and then the cream is added, so the syrup concentration phenomenon has occurred. We are looking for ways to improve it."

There have been several cases in the past where consumers complained about the discrepancy between the appetizing photos on the packaging and the actual contents.

In 2014, a convenience store's self-developed brand (PB) products modeled by a famous singer, such as stir-fried sundae and cold cuts and pig's feet set, became a problem. At the time, the packaging showed 'ample' dishes like those sold in restaurants, but the actual contents included 7 pieces of sundae and 8 pieces of rice cake for stir-fried sundae, and 6 and 4 pieces each of cold meat and pig's feet for the cold meat and pig's feet set.

In 2014, the Consumer Federation of Korea announced a case where food product names and packaging pictures mislead consumers, pointing out Samyang Foods Buldak Bokkeum Ramen and Paldo Bulnak Bokkeum Cup.

A picture of chicken appears on the packaging of Buldak Bokkeum Ramen, but the actual chicken content in the liquid soup was only 0.85%.

The packaging of the Bulnak Bokkeum Cup included an image of octopus on the finished product, but the octopus ingredient content was only 0.7%.

◇ Exaggerated labeling and advertising are unfair practices... Must display the phrase ‘Image Photo’ etc.

Is there a problem with using photos like this in advertising that do not properly reflect the actual product?

The 'Act on Labeling and Advertising of Food, etc.' (Food Labeling and Advertising Act) prohibits false or exaggerated labeling and advertising, as well as labeling and advertising that deceives consumers, by defining them as unfair practices.

The Enforcement Decree of the Food Labeling and Advertising Act specifically regulates the expression of the name, raw materials, ingredients, content, quality, etc. of food differently from the facts.

Violators may be subject to administrative measures such as correction orders and business suspension, and may be subject to imprisonment for up to 5 years or a fine of up to 50 million won.

In addition, in the 'Food Labeling Standards', there are detailed guidelines related to labeling, such as that if only fragrances are used as raw materials, the word 'fragrance' must be added to the product name, or the net contents must be indicated by weight, volume, or number of pieces.

Regarding images, there is a regulation that states, "When using a photo or illustration of a cooked food on the main display surface of the package, expressions such as 'cooking example', 'image photo', and 'presented example' must be displayed in font of 10 points or more."

For example, a bag of ramen contains pre-cooking ingredients and no eggs, but most ramen bags contain a picture of an egg on top of cooked ramen. In this case, phrases such as ‘cooking example’ should be added.

The purpose of these regulations is to prevent the practice of deceiving consumers by placing staged photos on prepared food packaging that are significantly different from the actual contents.

Although there is a principle that false and exaggerated advertisements should be regulated, when this is actually applied in the field, the boundary between legality and illegality is unclear.

An official from the Ministry of Food and Drug Safety explained, "It is relatively clear whether it is illegal when a package image contains raw materials that are completely different from the facts, for example, if they are not present, but it is not easy to determine to what extent it should be considered illegal when the amount of raw materials present is exaggerated to make it look like it is larger."

This official said, “We are currently producing a collection of unfair labeling cases related to product labeling, and when published, it will be helpful in determining whether unfair practices have occurred.”

◇ Legal exaggeration using AI images… “Detailed guidelines must be prepared” vs. “Surveillance must be strengthened”

Recently, phrases have begun to appear indicating that packaging images were created with artificial intelligence (AI). The packaging of the Lotte product that has been controversial this time also has the word 'Image Photo' and the word 'AI' written in one corner.

According to the Korea Artificial Intelligence Software Industry Association (KOSA) Artificial Intelligence Act Support Desk, the Artificial Intelligence Act requires artificial intelligence business operators to indicate that generative AI results were created with AI. However, in principle, this provision does not apply if a general company produces advertisements using generative AI.

However, images created using AI also contain false or exaggerated expressions, which can be problematic if they violate the Food Labeling and Advertising Act.

In a situation where legal standards are ambiguous, 'legal exaggeration', which uses AI and other technologies to extract images up to the most appetizing limit, is expected to intensify further.

Photos and illustrations on actual product packaging influence consumers' purchase intent and motivate companies to choose more appetizing images.

The study 'The Impact of Visual Density of Pizza Packaging: Sensory Expectations and Purchase Intention' (2024) published in the international academic journal 'Foods' found that visually rich pizza packaging raised consumers' expectations for taste and texture and had a positive effect on purchase intention.

According to the study 'The impact of visual elements of packaging design on purchase intention: The role of brand experience in the tea bag product category' (2025) published in the international academic journal 'Behavioral Science', visual elements of packaging had a direct impact on consumer purchase intention. In particular, color, graphics, logo, and layout had a significant impact on purchase intention.

Accordingly, some are of the opinion that detailed guidelines, like in Japan, should be established to sanction excessive image production in the industry.

In Japan, fair competition regulations for each item such as biscuits, chocolate, and juice beverages are voluntarily operated by the industry, which includes provisions such as 'When displaying pictures, such as pictures showing the completed cooking state, the same as the actual contents must be used' (instant noodles), and 'Marking that misleads people to believe that the size and shape of the product is significantly different from the packaging pictures or photos is prohibited' (biscuits).

The juice beverage regulations limit the fruit images that can be used on packaging depending on the juice content.

There is also a position that providing such detailed guidelines is not necessarily desirable.

Jeong Ji-yeon, Secretary General of the Consumer Federation of Korea, suggested, "If you give too specific guidelines, it can be a bad signal that only those guidelines need to be followed. We should give basic principles and let the industry follow them voluntarily, but an environment should be created where we can properly monitor whether the principles are working well from the consumer's perspective."