Confectionery Brands

Whether you’re a US brand looking to diversify or expand your existing confectionery range, or a non-US brand entering the market, there are a few things to know which will help ensure you can compete compliantly, and with confidence. Our US food regulatory consultants explain…

With continued demand in confectionery products and the growing choice of products — from low-fat and low sugar, through to plant-based and vegan — it’s not surprising that the industry is expected to grow in value to $242.52 billion by 2028¹. 

Which legislation should you follow? 

In the US, the Food and Drug Administration (FDA) regulates most of the food industry, the United States Department of Agriculture (USDA) regulates USDA products, and the Food and Drug Authority (FDA) regulates most confectionery items. 

Take special note of the FDA labelling requirements when launching confectionery products in the US. 

Where to start? 

The first step to ensuring a successful and compliant confectionery product launch in the US is by determining whether your product has a defined Standard of Identity from the FDA for your type of product, as well as for its ingredients, including but not limited to: 

• Ice cream
• Frozen custard 
• Sherbet 
• Breads, rolls and buns 
• Cacao products (such as milk and white chocolate) 
• Sweeteners 
• Table syrups
• Milk and cream  

For example, for a milk chocolate product, as long as you have the Standard of Identity met, your product information will be correct even whether or not you choose to include ‘milk chocolate’ in your product name or description. Your food regulatory consultants should be able to guide you on product naming and branding. 

What about “Added Sugars” and Daily Value Percentage? 

Nutrition labelling requirements are the same for confectionery and non-confectionery products. However, there are some aspects of the nutrition facts panel that are relatively new and relevant to this category of food, including ‘added sugars’. 

For more information on sugars, see https://www.fda.gov/food/new-nutrition-facts-label/added-sugars-new-nutrition-facts-label 

Essentially if your product has added sugar in it, you’ll need to display on the label the Added Sugar content as well as the Daily Value percentage (although there is an exception to the Added Sugar content for single-ingredient sugars or syrups, such as honey and maple syrup).

What needs to go on the label? 

Your specialist food consultant company should be able to help you use the correct value and format in which your product should be declared (you can find specific guidance and how added sugars should be declared here). 

What else needs to go on the labelling? 

Knowing your product and how to convey specific things like sugar content and Daily Value percentage are important, but another element to think carefully about is the size of your product’s label. 

Confectionery items can often be small and therefore there is less space to include all your design and branding wishes, as well as the product information you need from a legal perspective. For example, a product may only have less than 12 square inches of total surface area, so you need to consider how this will impact what you can (or want to) include. 

However, if you don’t have any nutrition claims or other nutrition information (in any context) on the label or within your advertising, your label may in fact be exempt from nutrition labelling, such as individually wrapped pieces of penny candy². 

Always check with your food label consultants before you remove your label to ensure you meet all factors for exemption. 

What other trends should I be aware of? 

It’s clear that with more and more products coming to market and the market itself growing year-on-year, consumers want more from the brands they buy from. Organic? Check. Sustainably sourced and packaged? Check. High in nutrients? Check.

The continued rise in vegan and plant-based is an example of this demand for healthier (or perceived to be better for you) alternatives which don’t compromise on taste.  

So as a brand looking to tap into the US, you must determine what to include on your label from a legal and branding perspective, but also what your potential consumers want to know before they buy.  

Unsure of what you need to include, or if your product can tap into one of the current confectionery trends? With a global presence covering major jurisdictions including the US, UK and Australia, our food label consultants can help — whatever stage of the journey you’re at. 

(1) Statistica | https://www.statista.com/statistics/489021/us-confectionery-sales/

(2) | FDA exemptions, penny candy | https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=1.24