Government of Brazil enacted a new law establishing official definitions, compositional standards, and labelling requirements for cocoa-derived products and chocolates marketed within the national territory. The legislation applies to both domestic and imported products and aims to enhance transparency, prevent misleading practices, and standardize cocoa product identity requirements.
The law introduces legally binding definitions for cocoa-derived ingredients such as cocoa nibs, cocoa mass, cocoa butter, cocoa powder, and total cocoa solids. It also establishes minimum cocoa content thresholds for various chocolate categories, including chocolate, milk chocolate, white chocolate, sweet chocolate, chocolate powder, and compound chocolate products.
One of the major provisions of the law is the mandatory declaration of cocoa percentage on product labels. Products covered under the law must display the statement “Contains X% cocoa” on the principal display panel, where “X” represents the percentage of total cocoa solids contained in the product. The declaration must occupy at least 15% of the front-facing area of the package and be presented in clear, legible characters with adequate contrast to ensure consumer visibility.
The legislation further prohibits the use of misleading images, colors, expressions, or graphic elements that may incorrectly identify non-compliant products as “chocolate.” Products failing to meet the compositional criteria for chocolate categories must instead use alternative sales denominations such as “compound chocolate,” “fantasy chocolate,” or “chocolate-flavored coating.”
Products marketed as “Chocolate” must contain at least 35% total cocoa solids, including a minimum of 18% cocoa butter and 14% fat-free cocoa solids.
Minimum Cocoa Content Requirements according to product category
a) “Milk Chocolate” must contain at least 25% total cocoa solids and 14% total milk solids or milk derivatives.
b) “White Chocolate” must contain at least 20% cocoa butter and 14% milk solids.
c) “Chocolate Powder” must contain a minimum of 32% total cocoa solids.
d) “Chocolate Drink Mix,” “Fantasy Chocolate,” “Compound Chocolate,” and chocolate-flavoured coatings must contain at least 15% cocoa solids or 15% cocoa butter.
e) Cocoa powder is defined as a product containing at least 10% cocoa butter and not more than 9% moisture.
The law prohibits the use of misleading images, colours, expressions, or graphics that may falsely identify non-compliant products as “chocolate.”
Products that do not meet the legal chocolate definitions must use alternative sales denominations such as “compound chocolate” or “fantasy chocolate.”
Non-compliance with the law may result in sanctions under the Brazilian Consumer Protection Code and applicable sanitary legislation, including civil and criminal liabilities where relevant. The law will enter into force 360 days after its official publication, allowing manufacturers and importers time to adapt formulations and packaging to the new requirements.