Fair, clear and not misleading.

MiCA Article 7(1)(b): information in crypto-asset marketing must be fair, clear and not misleading. Typical failures in landing pages and ads, and the fix.

European Union MiCA Article 7(1)(b)

The rule.

Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) · Article 7(1)(b)

“the information in the marketing communications is fair, clear and not misleading”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • Three separate tests. Fair: benefits are not shown without the matching risks. Clear: a retail reader understands what is being offered. Not misleading: no claim, omission or emphasis creates a false impression.
  • Each load-bearing claim — a yield, a user count, a security promise — needs a basis you can show on request.

Who it applies to.

Marketing communications for an offer to the public, or an admission to trading, of a crypto-asset other than an asset-referenced token or an e-money token.

Common violations in marketing copy.

Violation pattern · guaranteed return

Earn a guaranteed 12% APY on your USDC.

A return on a crypto-asset product is not guaranteed; the word creates a false impression of safety.

Violation pattern · unsourced superlative

The world's most secure crypto platform.

An unsubstantiated superlative is a misleading claim unless it is dated, sourced and true.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“Risk-free staking. Your crypto works while you sleep.”

Compliant · example written by NorthPoint

“Staking rewards vary and are not guaranteed. The value of [Token] can fall, and you can lose the amount you stake.”

Related rules.

Source.

InstrumentRegulation (EU) 2023/1114 on markets in crypto-assets (MiCA)
ProvisionArticle 7(1)(b)
Primary sourcehttps://www.esma.europa.eu/publications-and-data/interactive-single-rulebook/mica/article-7-marketing-communications
Official texthttps://eur-lex.europa.eu/eli/reg/2023/1114/oj/eng
Read fromESMA Interactive Single Rulebook, one page per article (ESMA's own publication of the MiCA text)
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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