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Chocolate Law changes rules for product composition and labeling, effective in May 2027
May 27th, 2026
On May 11, 2026, Law No. 15,404/2026 was published, defining and characterizing cocoa products, establishing minimum cocoa content thresholds for chocolates, and requiring disclosure of the total cocoa content on the labels of these products. The law covers both domestic and imported products placed on the Brazilian market.
Law No. 15,404/2026 enters into force on May 7, 2027, and applies to the various stakeholders involved in the production and marketing chain of these products in the domestic market.
According to the regulations, products containing less than 35% cocoa may no longer be labeled as “chocolate” and must instead use another designation appropriate to their respective category. Check the legal definitions and the respective mandatory minimum percentages below:
| Product | Minimum percentage/requirement | Legal definition |
| Cocoa powder | At least 10% cocoa butter, expressed on a dry matter basis, and no more than 9% moisture | Product obtained by pulverizing the cocoa press cake obtained from cocoa mass processing |
| Chocolate | At least 35% total cocoa solids, of which at least 18% is cocoa butter and 14% is non-fat cocoa solids; a maximum of 5% of other permitted vegetable fats | Product obtained by mixing cocoa mass, cocoa powder, or cocoa butter with other ingredients |
| Chocolate powder | At least 32% total cocoa solids | Product obtained by mixing sugar, sweetener, or other ingredients with cocoa powder |
| Milk chocolate | At least 25% total cocoa solids and 14% total milk solids or derivatives | Product composed of cocoa solids and other ingredients |
| White chocolate | At least 20% cocoa butter and 14% total milk solids | Product free of coloring agents, composed of cocoa butter and other ingredients |
| Sweet chocolate | At least 25% total cocoa solids, of which at least 18% is cocoa butter and 12% is non-fat cocoa solids
|
Product consisting of cocoa solids and other ingredients |
| Chocolate-flavored beverage mix (achocolatado), chocolate-flavored product, novelty chocolate products, or compound chocolate | At least 15% cocoa solids or cocoa butter | Products resulting from the mixture of cocoa, with the optional addition of milk and other ingredients |
| Chocolate bonbon or filled chocolate | No specific minimum percentage required by law | Products consisting of an edible filling enclosed in a chocolate coating |
In addition, Law No. 15,404/2026 establishes labeling requirements to ensure that the actual percentage of cocoa is stated clearly, prominently, and objectively on product labels. According to the law, the amount of cocoa must be displayed on the front-of-pack panel, occupying no less than 15% of the front surface and with sufficient contrast to ensure visibility and legibility.
The Brazilian Health Regulatory Agency (“ANVISA”) and the Ministry of Agriculture and Livestock (“MAPA”), within the scope of their respective competencies, will be in charge of issuing complementary regulations to the law, particularly regarding technical limits on the definition of what constitutes total cocoa solids, as well as on the labeling of the respective food products.
In the event of a violation of the law, the company will be subject to the penalties provided for in Brazil’s Consumer Protection Code, Law No. 8,078/1990, without prejudice to any applicable administrative, civil, or criminal penalties under national law.
Until the law takes effect, affected companies must implement the necessary measures for regulatory compliance, such as inventory depletion planning, supply chain adjustments, product composition, and raw materials, as well as the modification and production of new labels in accordance with the mandatory indication of the percentage of cocoa on the main label. These measures – among others, in accordance with applicable health regulations – are necessary to mitigate risks of non-compliance and ensure business continuity after the new law takes effect.
Demarest’s Life Sciences and Healthcare team remains available to provide any additional clarification that may be needed.
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