This April, the Federal Senate approved landmark legislation that redefines the identity of chocolate in Brazil. The new law alters the minimum percentages of cocoa solids required for each category and mandates unprecedented transparency in labeling. The objective is clear: to combat the "infantilization" of the Brazilian palate—currently saturated with sugar and fat—and to boost the value of domestic cocoa production. While awaiting presidential sanction, the new law has already sounded the alarm: what adaptations will be necessary within the industry?

What Changes in Practice?

Until now, ANVISA regulations allowed a product containing as little as 25% cocoa to be designated as "chocolate" in Brazil. Under the new law, these requirements are being raised. New parameters will now apply:

Milk Chocolate: The minimum rises from 25% to 27% total cocoa solids.

Dark Chocolate: Must contain a minimum of 35% total cocoa solids.

White Chocolate: The requirement for a minimum of 20% cocoa butter remains in place, but with stricter rules prohibiting the use of substitute vegetable fats in order to retain the "chocolate" designation.

Furthermore, the law makes it mandatory to display the exact cocoa percentage on the main face of the packaging, in a legible font size, thereby eliminating consumer uncertainty at the point of purchase.

Implications for the Industry

For large-scale manufacturers, this change goes far beyond mere aesthetics and will necessitate internal adjustments to product development processes.

One significant impact concerns costs, given that cocoa is the most expensive ingredient in chocolate. Increasing the minimum content from 25% to 27% (or higher, depending on brand strategy) across a production scale of millions of units represents a substantial financial impact. Companies will need to optimize their supply chains to absorb this cost without passing it on in full to the final price.

The change will also require rheological and sensory adjustments, as a higher cocoa content means more solid particles, which alters the viscosity of the mass during manufacturing. Technically, the industry will have to adjust its conching processes—where flavor and texture are developed—to ensure the chocolate does not become excessively astringent or take on a "gritty" texture on the palate.

Another key point is that the new law pushes for a reduction in hydrogenated vegetable fats. The challenge will be to maintain that characteristic "melt-in-the-mouth" quality by using a higher proportion of cocoa butter or equivalent vegetable fats (CBEs) that comply with the new purity requirements.

Implications for the Consumer: Better Health and Information

For consumers, this law marks a watershed moment in terms of transparency. The expectation is that it will put an end to the notorious "sugar-tasting chocolate"—a frequent source of complaints among consumers.

With the increase in the minimum cocoa content, sugar will no longer be the absolute protagonist in product formulations. Consumers will now have access to a nutritionally superior product, featuring a higher concentration of flavonoids (natural antioxidants found in cocoa).

Much like the "magnifying glass" labeling system introduced by ANVISA for fats and sodium, the prominent display of the cocoa percentage will enable quick comparisons. Consumers will be able to decide whether they prefer to pay a little extra for a chocolate with 40% cocoa rather than one with 27%.

The long-term trend is that the Brazilian palate will become more discerning, coming to value the complex sensory notes of the cocoa bean over mere extreme sweetness.

The Impact on the Production Chain

The enactment of this law serves as a catalyst for the national cocoa farming sector, particularly in the states of Bahia and Pará. As the industry requires a higher volume of cocoa solids to comply with the new regulations, demand for Brazilian cocoa beans is expected to rise. This encourages producers to invest in the quality of fermentation and drying, as the market will be more focused on the “cocoa ingredient” than on the “sugar filler.”

Overall, the law marks a milestone of maturity for the Brazilian market. It compels the industry to innovate and deliver a more authentic product, while protecting consumers from misleading advertising.

The adaptation period is yet to be defined following presidential sanction, but it is expected to require investments in research and development. The ultimate result will be a more robust, transparent sector aligned with global quality standards.

Forwarded by Zhenjiang Heng Goodwill Food Co .,Ltd 

Sabrina Shen 

+86 15162996833

admxu@hengfood.com

www.hengfood.com