Mondelez advertises that its Oreo cookies are "always made with real cocoa." And they are. However, Oreos aren't made from unprocessed cocoa. They're made from cocoa that has been refined through an alkalizing process -- which is often called "Dutch process chocolate." (According to Martha Stewart, Dutch process chocolate, which is the type of chocolate most often used in recipes, is is milder and smoother.)
The issue in a recent lawsuit in federal court in New York was whether Mondelez's advertising that Oreos are "made with" cocoa communicates to consumers that the cocoa is unprocessed. The court dismissed the case, holding that it didn't. Here's why.
In evaluating the plaintiff's claims -- which were asserted under the consumer protection laws of forty states and the District of Columbia -- the court considered whether the statement "always made with real cocoa" is misleading to a reasonable consumer. The fact that the product is made from (albeit, processed) real cocoa was, in the court's view, fatal to the plaintiiff's case.
The court held that there was nothing misleading to a reasonable consumer about saying that a product was made with an ingredient, even if that ingredient has been combined with other ingredients. The court wrote, "a representation that a food is 'made with' a 'real' ingredient does not necessarily mislead from the truth that the advertised ingredient may have been combined with another."
The court also emphasized the fact that the plaintiff did not allege that Mondelez misrepresented the quantity or proportion of cocoa in the product -- or that the amount of cocoa in the product was de minimis relative to the amount of alkali. The court also noted that the plaintiff didn't modify its claims with "only" or "exclusively."
Readers of this blog will know that "made with" claims are a frequent source of litigation. Plaintiffs often assert -- with varying degrees of success -- that a "made with" claim communicates very specific information about the amount of an ingredient that is in a product or about the ingredients that are not present in the product. (Check out, for example, our blog post about Cheez-It crackers, which are "made with whole grain," and our post about Diner's Choice mashed potatoes, which are "made with real butter.") The important takeaway here, of course, is that -- particularly in light of all of the litigation in this area -- you should carefully evaluate your "made with" claims to make sure that unintended claims are not communicated.
But what about the processing issue? Here, the court wasn't concerned about it, presumably because consumers consider Dutch processed cocoa to still be cocoa. However, if you're processing an ingredient to such an extent that it can no longer be reasonably considered to be that ingredient anymore, you may want to reconsider your "made with" claim. As just one example, consider the FTC's enforcement actions involving products that were promoted as being made with bamboo -- even though the bamboo was so highly processed that, in the FTC's view, the products were made with rayon, and not bamboo.
"the Oreos indisputably do contain cocoa, along with other ingredients"
FAQs
That's because while Oreos are indeed made with real cocoa, it has been so alkalized that it is no longer brown. To appreciate this, you have to know about a process called “Dutching.”
Do original Oreos have chocolate in them? ›
Actually Oreos do contain chocolate, but very very little of it and it is listed last on the ingredients list. The do however contain a bit larger amount of cocoa, which is also the primary ingredient for making chocolate.
Does cookies and cream use real Oreos? ›
Cookies and cream (or cookies 'n cream) is a variety of ice cream, milkshake and other desserts that includes chocolate sandwich cookies, with the most popular version containing hand or pre-crumbled cookies from Nabisco's Oreo brand under a licensing agreement.
Is black cocoa used in Oreos? ›
Black Cocoa Powder has a 10-12% fat content and is often used in wafer-type cookies like those for ice cream sandwiches or in Oreo-type sandwich cookies.
Are Oreos all natural? ›
Oreos also contain small amounts of flavorings and preservatives, including cocoa, high fructose corn syrup, leaveners, salt, soy lecithin, and artificial flavors, all of which are not animal-derived and considered vegan.
What is the most unhealthy part of an Oreo? ›
Sugar is the main component of Oreo, Oreo don't just have sugar, but added sugar which is very unhealthy then natural sugar. Oreos have around 14g of total sugar per serving, or 4.7g of sugar per cookie. About 60% of that sugar is found in the cream — the rest is in the chocolate wafers.
Are Oreos made in China? ›
Oreo cookies for the Asian markets are manufactured in India, Indonesia, Bahrain, and China.
Are Oreos ultra processed? ›
👇🏼👇🏼 👉🏼They're an Ultra-processed food made from Maida, Sugar, Invert Sugar, Vegetable Oil, Artificial Colour and Preservatives. 👉🏼Huuuuuge budget for Marketing Campaigns that targets kids.
What cookie did Oreo ripoff? ›
The Oreo is the best-selling cookie in the world. But it was originally a knock-off of another cookie: the Hydrox.
Are Oreo cookies OK to eat? ›
Oreo is extensively high in sugar. Regular consumption of Oreo can cause many health issues, including tooth decay, diabetes, high blood sugar, and more.
Hydrox aren't a knockoff — they're the original sandwich cookie. Hydrox debuted in 1908, a full four years before Oreo came out, and they were revolutionary at the time. They also taste pretty dang good.
Where does Oreo source their cocoa? ›
Just as the Cadbury brothers did more than 100 years ago, we work on the ground, hand-in-hand with the men and women who make their living from cocoa across six cocoa-growing countries: Ghana, Côte d'Ivoire, Indonesia, Dominican Republic, India and Brazil.
Do Golden Oreos have cocoa? ›
Golden Oreos are a variety of Oreos that are comprised of vanilla flavored cookies instead of the original incarnation's chocolate. They are manufactured in the US by Nabisco and were initially introduced in markets in Indonesia in 2011.
Why are my Oreos brown? ›
The ingredients of a standard Oreo give us a clue: “cocoa (processed with alkali).” Chocolate comes from cacao beans, and if you've ever bought raw cacao powder in the grocery store (aka cold-pressed, unroasted cacao beans), it certainly looks brown.
Can a dog eat an Oreo? ›
If your dog has eaten a lone Oreo, she's probably fine. But Oreos aren't recommended for dogs. Of course, chocolate is toxic to dogs, but there's not enough baking chocolate in an Oreo to cause immediate alarm. That said, it's not wise to feed your dog anything containing even a small amount of a toxic ingredient.
