21 C.F.R. § 163.155

Milk chocolate and vegetable fat coating

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(a) Description. Milk chocolate and vegetable fat coating is the food that conforms to the standard of identity, and is subject to the requirements for label declaration of ingredients for milk chocolate in § 163.130 or skim milk chocolate in § 163.140, except that one or more optional ingredients specified in paragraph (b) of this section are used. Compliance with the requirement in § 163.130(a)(2) that the product contains not less than 12 percent by weight of nonfat milk solids shall be calculated using only those dairy ingredients referred to in § 163.130(b)(4), exclusive of any added sweetener or other dairy-derived ingredient that is added beyond that amount that is normally present in the specified dairy ingredient.

(b) Optional ingredients. (1) Safe and suitable vegetable derived oils, fats, and stearins other than cacao fat. The oils, fats, and stearins may be hydrogenated;

(2) Safe and suitable dairy-derived ingredients; and

(3) Safe and suitable bulking agents, formulation aids, humectants, and texturizers.

(c) Nomenclature. The name of the food is “milk chocolate and vegetable fat coating” or “skim milk chocolate and vegetable fat coating”, as appropriate. Alternatively, the common or usual name of the vegetable derived fat ingredient may be used in the name of the food, e.g., “milk chocolate and ______ oil coating”, the blank being filled in with the common or usual name of the specific vegetable fat used.

Notes of Decisions

Cited in 5 cases (5 in the last 5 years), 2021–2022 · leading case: Puri v. Costco Wholesale Corp. (N.D. Cal. 2021).

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Puri v. Costco Wholesale Corp. (N.D. Cal. 2021). · cites it 3× “Puri also relies on FDA regulations that “limit the representation of a food 3 as ‘chocolate’ where it contains a de minimis amount of cacao bean ingredients and is mostly 4 vegetable oils,” asserting that 21 C.F.R. § 163.155 (c) requires Costco to label “[s]uch a food .”

Zurliene v. Dreyers Grand Ice Cream, Inc. (S.D. Ill. 2022). · cites it 2× “” 21 C.F.R. § 163.155 (b)(1). The parties agree that the ice cream bars’ coating is the milk chocolate and vegetable fat coating described in 21 C.”

Karlinski v. Costco Wholesale Corp. (N.D. Ill. 2022). “21 C.F.R. § 163.155 (c). Dkt. 1 § 67. According to Plaintiff, consumers expect chocolate to be made from mostly or entirely cacao bean ingredients rather than vegetable oil, as indicated by historians of chocolate, chocolatiers, consumer interviews, and thirty-thousand critical…”

Mitchell v. Whole Foods Mkt. Grp., Inc. (S.D.N.Y. 2022). “124 (b)), 11 (citing 21 C.F.R. § 163.155 (c)). Even assuming that Mitchell’s argument that the Product violates the federal regulations is correct, a point that is heavily disputed by Whole Foods,2 as Whole Foods argues, the SAC does not adequately plead that reasonable…”

Yu v. Froneri US, Inc. (S.D.N.Y. 2022). “124 (b)), 23 (citing 21 C.F.R. § 163.155 (c)), 25 (citing 21 C.”

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