Comment by technothrasher

> Second one because afaik it's legal to call "chocolate" something that does not contain any actual cocoa in the US.

Well, no. It cannot be called "chocolate" if it is something that consumers would expect to be made from actual chocolate. However, it can contain the term "chocolate" if cocoa or another cacao product is the sole source of its chocolate flavor, and as long as consumers have a pre-established understanding that it is likely to not be made from chocolate. For example, people generally understand that chocolate cake is likely made with cocoa, not chocolate, and so it can be labeled "chocolate cake". If there is no such general understanding, the product must be labeled "chocolate flavored".

(See the US FDA CPG Sec 515.800, "Labeling of Products Purporting to be 'Chocolate' or 'Chocolate Flavored'")

Now if we could just get them to stop calling chocolate products with dairy in them "dark" (I'm looking at you, Hershey...)