The days are getting shorter and the temperature drops. Time for delicious hot chocolate milk, a piece of a chocolate tree or a handful of traditional Dutch chocolate spiced nuts. In everyday speech in the Dutch language, the terms "chocolate", "choco" and the Dutch term “chocola” are interchangeable, but what is the legal status of these terms? 

On January 1, 2024 (rectification: the effective date has been postponed to 1 August 2025), the Netherlands Food and Consumer Product Safety Authority (NVWA) will add a new section on chocolate designations to their Labeling Manual (Handboek Etikettering). In the Labeling Manual the NVWA explains when one can use the Dutch terms "chocolade," "choco" and "chocola". 

The most important change is that a product may only be called "chocolate" if it actually contains chocolate. "Chocolate cake" is therefore not allowed if it contains only cocoa. Three products are exempt from this rule. According to the new Manual (the Dutch equivalents of) Chocolate milk, chocolate custard and chocolate spread do not have to contain chocolate to be so designated. 

According to the NVWA, "choco" and "chocola" are subject to the same rules as "chocolate." This is notable because unlike "chocolate," "choco" and "chocola" are not regulated by law.

And what about a product that does not contain real chocolate, but does taste like chocolate? "Chocolate custard" is misleading in this case, but "chocolate-flavored custard" will do. When looking for an appropriate name, it is important that consumers do not get the false impression that real chocolate has been added when this is not the case. 

The Labeling Manual is a handy reference to look up the rules about chocolate designations. But remember that the Manual reflects the NVWA's interpretation of the law. So it is best to first look at the law (Commodities Act Decree on Cocoa and Chocolate) to know whether your product may be called chocolate ice cream, chococake or chocola. 

Lisanne Steenbergen