FDA allows Barry Callebaut to market Ruby as chocolate in U.S. under temporary permit

Federal regulations allow manufacturers to market test foods that deviate from standard of identity.

Swiss chocolate and cocoa products manufacturer Barry Callebaut has launched Ruby chocolate, made from red Ruby cocoa beans. Photo from Barry Callebaut.

Barry Callebaut has been granted a Temporary Marketing Permit (TMP) by the U.S. Food and Drug Administration, clearing the way to market Ruby as chocolate in the United States.

The TMP is a step toward establishing Ruby chocolate as the fourth type of chocolate after Dark, Milk and White under federal regulations. It also allows Barry Callebaut to formally measure consumer acceptance in support of a future petition for a new standard of identity.

The FDA says its food standards of identity establish the common or usual name for a food, its basic nature, and the types of ingredients that it must contain and may contain. Manufacturers may submit applications requesting TMPs to market test a product that deviates from the standard of identity.

FDA code has a section dedicated to the standards of identity of a variety of cacao products, including cocoa liquor, cocoa nibs, white chocolate, milk chocolate and “sweet chocolate.

Through a unique processing method, Barry Callebaut unlocks the flavor and the rosy color tone naturally present in the Ruby cocoa bean. No berries, berry flavor or colors are added.

“Barry Callebaut has established itself as a pioneer and innovator in chocolate and cocoa, globally,” said Peter Boone, CEO & President, Barry Callebaut Americas. “With the approval of this TMP, we will move forward with our customers in introducing Ruby as chocolate to the U.S. market.”

The Swiss company officially launched Ruby in the U.S. in May following a soft launch with select artisans and chocolatiers. It has been marketed and sold as Ruby cacao bars, Ruby cacao truffles and more while Barry Callebaut underwent the TMP application process.

Since its launch in 2017, Ruby chocolate has already been welcomed as a breakthrough across the globe, and has been introduced by more than 60 brands across all continents.

Alyse Thompson has held many positions with BNP Media, first serving as an intern at Candy Industry Magazine in summer 2012. She joined Candy Industry's staff full time as associate editor in August 2016 after a few years at newspapers in West-Central Illinois, becoming managing editor in March 2019. Alyse has also served as managing editor of Cannabis Products Magazine since March 2019. She has bachelor’s degrees in journalism and Spanish from Western Illinois University.