Recently, the US Food and Drug Administration (FDA) announced that it would not object to the use of qualified health claims regarding the consumption of cocoa flavanols in high flavanol cocoa powder and reduced risk of cardiovascular disease.
The second largest chocolate company in the world, Barry Callebaut AG Switzerland, worked with Withers US intellectual property partner John Serio to petition the FDA to permit the usage of health claims on labels in 2018. The claims would point to the reduced risk of cardiovascular disease linked to the consumption of high flavanol cocoa. In early 2023, the FDA has finally responded by allowing the use of specific, limited health claims on the labels of products that contain high flavanol cocoa powder that contains at least 4% of naturally conserved cocoa flavanols. While Barry Callebaut AG is permitted to use a health claim regarding cocoa flavanols and their positive effect on blood flow for dark chocolate products in Europe, the FDA’s announcement opens a wide range of possibilities for products in the US.
You can read NPR’s coverage of this story by clicking here.
For further information, please contact:
John Serio, Partner, Withersworldwide
john.serio@withersworldwide.com
