Some chocolate products labeled ‘dairy-free’ contain milk, FDA finds

Consumers should be aware that some chocolate labeled as “dairy-free” actually contains milk, the U.S. Food and Drug Administration warns. This inaccurate labeling could put people with milk allergies in danger, the FDA noted.

About 13 of 210 chocolate samples sold in Pennsylvania and Michigan in 2022 and 2023 tested positive for milk, the FDA said in an agency news release. The 13 samples came from three different food manufacturing firms, the FDA said.

In response to the findings, two manufacturers removed the “dairy-free” claim from their chocolate products, the FDA said.

The third manufacturer agreed to remove the “dairy-free” claim from its products if the cause of the presence of milk could not be determined and eliminated, the agency said.

A preliminary investigation has implicated the supplier of dark chocolate as the likely source of milk in these products, rather than unsafe practices by the manufacturer, the FDA said.

The FDA noted that it doesn’t define the terms “dairy-free” or “milk-free,” but that when these claims are made by manufacturers they must be truthful.

All 13 of the chocolate products found to contain milk did have labeling with milk allergen advisory statements, like “…made in a facility that also processes milk.”

People with milk allergies can contact chocolate manufacturers and inquire how specific products are made, the FDA said. They can also ask whether it’s made on equipment that is exposed to milk, whether ingredients are free of milk, and whether the manufacturer tests products to verify they contain no milk.

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