The U.S. Food and Drug Administration (FDA) has told Hershey Co. claims about its chocolate syrups violate federal law. The warning was issued Feb. 14, however details weren't made public until yesterday.
According to Reuters, the FDA says Hershey made nutritional claims about two of its chocolate syrups that failed to make the grade on regulatory guidelines.
The FDA said Hershey used the words "plus" and "fortification" on its products' labels, Hershey’s Syrup+Calcium and Syrup Sugar Free with Vitamin & Mineral Fortification, and these were not accurate since the syrups do not meet guidelines to make these claims.
The Patriot-News reported Hershey "quickly responded" to the FDA reprimand by tweaking the labels on its syrups, changing "plus" to "with" and eliminating "fortification".
The labels now say Hershey’s Syrup with Calcium and Hershey’s Sugar Free Chocolate Syrup.
“It came down to a matter of the FDA believing that the chocolate syrup is a snack food, and that we believe it is more accurately categorized as a milk modifier, similar to products such as Ovaltine and Nesquik that have been fortified for decades,” said Jeff Beckman, a spokesman for Hershey.
According to the Patriot-News, Tamara N. Ward, a spokeswoman with the FDA, says the Hershey case remains open as it takes time for companies to comply. Some of the products are also still reportedly on store shelves.
The Pennsylvania-based Hershey has been in business for well over a century. Launched around the turn of the 20th century, the company has steadily grown over the decades, adding new products. Hershey's syrup product was launched in 1926.
The company recently said it won't reformulate the contents of the syrup.
However, per the FDA, Hershey must modify its labels.