What Counts As Chocolate? Here's What The FDA Says

If you've ever picked up a bag of cereal or cookies, looked at the ingredients, and seen the word "chocolatey" as a key descriptor, it's not marketing — there's a scientific reason behind this label. In the U.S., the FDA has regulations around what actually counts as chocolate and what can be labeled as such. Standards of Identity (or SOIs) for chocolate and other foods help companies name and define the ingredients in their products so customers can better identify and understand what they're eating. According to the FDA, in order for something to be considered chocolate, it has to contain one specific ingredient: chocolate liquor.

Chocolate liquor is comprised of cocoa particles suspended in cocoa butter, which is made by roasting milled cocoa nibs (crushed cocoa beans). Chocolate bars, chips, and candies contain various other ingredients, such as dairy, sweeteners, spices, flavorings, emulsifiers, or cocoa fat, but they must contain chocolate liquor in order for them to count as chocolate. There are different requirements for how much chocolate liquor a product has to contain, depending on the type of chocolate it is. For instance, sweet versions, such as semisweet or bittersweet chocolate bars, must contain at least 35% chocolate liquor by weight. Milk chocolate must contain at least 10%, while sweet chocolate must contain at least 15%.

If a chocolate-like treat doesn't meet the FDA's chocolate liquor standards, it can't be labeled as chocolate. Among the many facts you should know about chocolate is how to spot imitation versions. If you see a label like "chocolatey" chips or "chocolate-flavored" coating, the product is likely made completely or partially with vegetable fat, such as palm oil, in place of cocoa butter. Many food companies take this route in order to optimize costs and profit margins on their products, but in doing so, they prevent their treats from actually being labeled as chocolate.

One of the biggest mistakes people make when buying chocolate and chocolate-containing candies is ignoring the ingredients list. Break the pattern and check to make sure your candy contains chocolate. The only real exception to the labeling convention, according to the FDA, is products that contain cocoa, if said product is "long recognized as containing cocoa as the characterizing chocolate flavoring ingredient and is one that consumers do not expect to contain a chocolate ingredient." This includes cocoa-based products like hot chocolate, boxed chocolate cake mix with cocoa powder, and chocolate pudding. White chocolate is also in its own product category, which the FDA requires to contain at least 20% cocoa fat (not chocolate liquor). However, if we're talking about chocolate bars, chips, disks, or other forms of confectionery, these must adhere to the FDA's specified inclusion levels of chocolate liquor to be considered and labeled as chocolate.