Chocolate is a product based on cocoa solid and/or cocoa fat. The amount and types of cocoa solids and fat that the term implies is a matter of controversy. Manufacturers have an incentive to use the term for variations that are cheaper to produce, containing less cocoa and cocoa substitutes, although these variations might not taste as good.
There has been disagreement in the EU about the definition of chocolate; this dispute covers several ingredients, including the types of fat used, quantity of cocoa, and so on. But in 1999, the EU at least resolved the fat issue by allowing up to 5% of chocolate's content to be one of 5 alternatives to cocoa butter; illipe, palm oil, sal, shea, kokum gurgi, or mango kernel.
The U.S. Government requires a 10% concentration of chocolate liquor to be considered milk chocolate. A recent workaround by the US confection industry has been to reduce the amount of cocoa butter in candy bars without using vegetable fats by adding polyglycerol polyricinoleate (PGPR), which is an artificial castor oil-derived emulsifier that simulates the mouthfeel of fat. Up to 0.3% PGPR may be added to chocolate for this purpose.
Well here is the fall out from that Hershey's "Kissables" have been reformulated, and can no longer be legally labeled "milk chocolate" because of FDA regulations. The new package looks the same, except for the ingredients and the label which now says "Chocolate Candy" instead "Candy Coated Milk Chocolate."
The new version is called Chocolate Candy which is code for chocolate-flavored confection, or candy that contains chocolate but can’t be called chocolate because it has other stuff in it that’s not permitted by the FDA definitions (like more oil than actual chocolate).
The new ingredients: Sugar, vegetable oil (palm, shea, sunflower and/or safflower oil), chocolate, nonfat milk, whey, cocoa butter, milk fat, gum arabic, soy lecithin, artificial colors (red 40, yellow 5, blue 2, blue 1, yellow 6), corn syrup, resinous glaze, salt, carnauba wax, pgpr and vanillin.
The old ingredients were:
Milk chocolate (sugar, cocoa butter, chocolate, nonfat milk, milk fat, lactose, soy lecithin, PGPR & artificial flavors), sugar, red 40, yellow 5, yellow 6, blue 1 & carnauba wax.