(F. I. D. 61.)
COCOA BUTTER SUBSTITUTES.
A manufacturer writes:
We use in the preparation of chocolate sticks a guaranteed pure production of cocoanut oil. May this product be sold merely as confectionery, and not as chocolate sticks? If not, would it be satisfactory for us to mark the product as “Chocolate sticks prepared with substitute butter”?
[Regulation 22] prohibits the sale, or offer for sale, in interstate or foreign commerce or in the District of Columbia or in any Territory of the United States, of a food or drug product which bears no label whatever if said product be an imitation of or offered for sale under the name of another article. It would clearly be a violation of the law to sell an article which was made in imitation of chocolate, even though it be sold under the general name of a confection. Such an article should be labeled in such a manner as to correctly represent its true nature.
[Regulation 25] (a) provides:
When a substance of a recognized quality commonly used in the preparation of a food or drug product is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label.
It is held that cocoa butter is the only fat that can be used in chocolate. The declaration of foreign fats merely as “substitute butter” is apparently not sufficient; the nature of the fat employed should be stated.
James Wilson,
Secretary of Agriculture.
Washington, D. C., March 25, 1907.