Mars Inc is suing Nutraceuticals, Life Extension Foundation, and Naturex for infringing nine patents covering the manufacture of its [ed, Mars'] CirkuHealth cocoa flavanols.
Mars has been researching cocoa flavanols for about 20 years and launched CirkuHealth via its Mars Botanical division in 2009. The ingredient is made using a patented process called Cocoapro, said to accurately measure active compound levels and, by reducing exposure to high temperatures
, provides "greater protection" for flavanols. This process allows CirkuHealth to claim about 550mg of cocoa flavanols per gram.
Mars has in the past made a point of the fact that although dark chocolate with a high cocoa content is commonly perceived to be healthier than sweetened confections with low cocoa levels, cocoa percentage is not actually a reliable measure of health benefits. This is because fermentation, drying and roasting, all of which help develop the flavor of chocolate, may reduce the flavanol content.
[Ed. My Opinion: I wish more people would pay attention to Mars ... in this respect. As Samantha pointed out, they do have an agenda to promote, however blind belief in "70% good" is just plain wrong, IMO. Cocoa content is just one factor that needs to be considered.]