USA – The U.S. Food and Drug Administration (FDA) has completed a recent sampling project that found 6.2% of “dairy-free” labeled dark chocolate and chocolate-containing products to contain milk, raising concerns for individuals with milk allergies.
The FDA, in collaboration with the Pennsylvania Department of Agriculture (PDA) and the Michigan State Department of Agriculture and Rural Development (MDARD), collected and analyzed 210 product samples from retailers in Pennsylvania and Michigan during 2022–2023.
The sampling was an expansion of a similar project conducted in 2018–2019 that initially focused only on chocolate bars and chocolate chips.
Additional products such as chocolate chip cookies, chocolate syrups, and baking powders were included this time.
The testing revealed that 13 out of the 210 samples contained milk, with 12 showing less than 80 parts per million (ppm) of milk, while one tested at 1,083 ppm.
All 13 samples had milk allergen advisory statements, such as “made in a facility that also processes milk,” but were still labeled as “dairy-free.”
This finding raises a critical issue for people with milk allergies who rely on these labels for safe food choices.
Preliminary investigations suggested that the source of milk in these products was more likely the dark chocolate supplier rather than improper sanitation or production practices at the manufacturers’ facilities.
In response to these findings, two manufacturers have already removed the “dairy-free” label from their products.
The third manufacturer has agreed to remove the claim if the presence of milk cannot be addressed after a root cause analysis is completed.
Currently, terms like “dairy-free” or “milk-free” are not formally defined by the FDA, meaning their use is voluntary, and manufacturers are responsible for ensuring these claims are truthful and not misleading.
The FDA advises consumers to contact manufacturers if they have concerns about how products labeled “dairy-free” are made.
The agency also plans to continue monitoring dark chocolate and other chocolate-containing products labeled as “dairy-free” to ensure compliance and reduce potential risks to consumers with milk allergies.
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