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Chocolate and Cocoa Products

Food and Drug Regulations Division 4

Chocolate and cocoa are different products, with chocolate having a considerably higher cocoa butter content than cocoa. It should not be implied that products containing cocoa contain chocolate. In the case of a few foods where "chocolate" has traditionally been used as part of the common name, such as chocolate pudding, chocolate cake, chocolate cookies, chocolate cake (mix) and chocolate frosting (icing), there is no objection to the use of the word "chocolate" to indicate the flavour of the final food, since consumers are not likely to be deceived by such use. Advertisers are reminded that under 7(2), CPLA, a "false or misleading representation" includes any representation that implies, or may reasonably be regarded as implying, that a prepackaged product contains any matter not actually contained in it.

Compound coatings, which are products having the appearance but not the composition of chocolate, are often used as an outside layer or coating for biscuits, candy and frozen confections or as chips within baked goods. There should be no indication in the advertisements for these products that the coatings are "chocolate". However, "chocolate flavoured", "chocolate-like" and "chocolaty" have been accepted as appropriate descriptions of such coatings and chips.

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