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Stop the 66.6 in the Chocolate Industry - say no to fake chocolate |
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They Messed With Your Chocolate |
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This information has been collected as a public service, we'd much rather that there were no "bad players" in the industry, but since their fraud has continued unchecked we thought it only fair that you know the truth.
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Defendants:
- Shari�s Berries�, ProFlowers�, Cherry Moon Farms�, Secret Spoon Sweets�, Red Envelope� (Defendants 1-5)
- Plus thousands of advertising sites
- Plus associated resellers
Berry Elegance� (Defendant 6 - Now Closed)
Berry Factory� (Closed, Bankrupt)
The Charges:
- Selling Chocolate Covered Strawberries that are not made with Milk, White or Dark Chocolate.
- Deceptive advertising: calling a product �Chocolate� when 66.6% is chocolate flavored rather than the expected "chocolate", and 33.3% "other" (not chocolate, not chocolate flavored)
Opening Statement:
We'll show that other companies "chocolate" is pure unadulterated swizzle, (British slang for to swindle or disappoint), it's not what you would expect, not what they advertized and not what you would have paid for. It's pretty easy to have better chocolate when the competitor is not actually using chocolate.
There is more milk chocolate in a single M&M� than in a whole box of our competitors strawberries.
The Proof:
- FDA Regulations state that cocoa butter must be in Milk Chocolate(1), White Chocolate(2) or Dark Chocolate (3) as no other types of fat or oils are allowed
- There is no standard of identity for �White Chocolate Flavored� it is an intentional misuse of the term �White Chocolate�.
- Sample ingredients label (defendants 1-5)
Exhibit 1
- Sample screen shot (defendant 6 - no longer open for business)
Exhibit 2
Summary:
- The use of the generic term �Chocolate� is intended for use where the consumer expects the product not to be made with 100% chocolate in instances such as chocolate cake or chocolate pudding. When the product is described as �chocolate covered� or �dipped in chocolate� the consumer has no reasonable expectation that part of the product is dipped in the lesser �chocolate flavored� and a full third is dipped in a non-chocolate or even a chocolate flavored substance.
- Exhibit 1 shows the product does not meet the FDA regulations to be called Milk Chocolate, White Chocolate or Dark Chocolate. The exhibit did not meet FDA regulations for proper labeling at the time.
- Exhibit 2 shows an incorrect legal reference as there is no such substance as �White Chocolate Flavored� CFR 163.124(2) does not allow for white chocolate flavored and CPG Sec. 515.800(4) does not allow an exception for white chocolate.
- Exhibit 2 refers to FDA Sec. 515.800(4) but ignores the instruction �so long as it can be demonstrated that consumers have long recognized that the food product may be made from cocoa and do not expect it to contain some other chocolate ingredient.� As that would mean that the customer did not expect something that is advertises as covered in chocolate to actually be covered in milk, white or dark chocolate.
Verdict:
You be the judge: would a customer who purchases a �chocolate covered strawberry� expect the product to be covered in a chocolate flavored or non-chocolate dip.
How we differ: We only use true gourmet chocolate to dip our berries, it's more expensive, it takes more time to prepare and takes skill to use. (plus it tastes a whole lot better and does not use partially hydrogenated vegetable oil)
Legal references.
- Legal definition of milk chocolate - CFR 163.130 - http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=163.130
- Legal definition of white chocolate - CFR 163.124 - http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=163.124
- Legal definition of dark (bittersweet) chocolate - CFR 163.123 - http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=163.123
- FDA Guidance on the use of the term chocolate http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074446.htm
All company names and screen artwork/shots are property of the respective companies.
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