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Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 24, Issue 30

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The Rich History of Hot Chocolate

By Michael B. Stewart

There’s nothing better on a cold snowy evening by the fireside than a warm, aromatic cup of cocoa with melting marshmallows bobbing with every sip. Hot chocolate, also known as hot cocoa, is a beloved beverage enjoyed by many around the world. Its history is as rich and complex as the drink itself, spanning thousands of years and multiple continents, evolving from a cold and spicy drink to one that is typically warm and sweet. 

Chocolate is made from the fruit of cacao trees, which are native to Central and South America. The fruits are called pods and each pod contains around 40 cacao beans. Like coffee, the beans are dried and roasted.

Mesoamerica Roots

The history of hot chocolate began in ancient Mesoamerica, but it is unclear exactly when a chocolate drink became a reality.  According to Hayes Lavis, cultural arts curator for the Smithsonian’s National Museum of the American Indian, ancient Olmec pots and vessels from around 1500 B.C.E. were discovered with traces of theobromine, the stimulant compound found in chocolate and tea. 

As a result, some historians postulate that it is the Olmecs who first used cacao to create a ceremonial drink. However, since Olmecs kept no written history, opinions differ on whether they used cacao beans in their concoctions or just the pulp of the cacao pod.

The Olmecs are believed to have passed their knowledge of cacao to the Mayans, who developed a chocolate beverage. This early version was quite different from what we know today. The Mayans ground cacao seeds into a paste and mixed it with water, cornmeal, and chili peppers, creating a frothy, bitter drink that was often served cold. The Mayans not only consumed chocolate, but they revered it.  Mayan written history mentions chocolate drinks being used in celebrations and to finalize important transactions and ceremonies. 

The Aztecs, who came after the Mayans, also valued this chocolate drink. In fact, the word chocolate comes from the Aztec word “xocolatl.”  The Aztecs believed that a chocolate drink had divine properties and often used it in religious ceremonies. The Aztec emperor Montezuma II, who lived in the 1500s, was known to consume copious quantities of this beverage, which he believed gave him strength and vitality. 

Introduction to Europe

The arrival of hot chocolate in Europe can be traced back to the early 1500s although there are conflicting reports about which Spanish explorer first introduced it to Spain.  One story says Christopher Columbus discovered cacao beans after intercepting a trade ship on a journey to America and brought the beans back to Spain with him in 1502. Another story credits Hernán Cortés for bringing cacao beans and the tools for making the drink back to Spain. A third story alleges that friars who presented Guatemalan Mayans to Philip II of Spain in 1544 also brought cacao beans along as a gift. In any event, the Spanish were protective of their new beverage, and it took over a century for the knowledge of hot chocolate to spread to other parts of Europe.

Initially, the drink remained cold and bitter, but it quickly gained popularity among the Spanish elite.

Over time, the Spanish began to modify the drink to suit their tastes. They started serving it hot and sweetened, often adding sugar, vanilla, and cinnamon while omitting the chili peppers. 

During the 1600s chocolate houses, similar to modern coffee shops, began to appear in cities like London and Paris as knowledge of the Spanish chocolate drink became more widely known. These establishments became popular social hubs where people gathered to enjoy the exotic new drink.  They survived for almost a century, but then began to disappear as chocolate became pricier than either coffee or tea. 

Creamy Hot Chocolate with Milk

In the late 1800s Sir Hans Sloane, an English physician, introduced the idea of mixing chocolate with milk. Sloane encountered this practice during his travels in Jamaica and found that it made the drink more palatable. Upon his return to England, he promoted this milk-chocolate mixture, which quickly gained popularity. This innovation laid the foundation for the creamy hot chocolate we enjoy today. 

Moreover, the newly developed hot chocolate with milk was considered a medicinal remedy. Physicians prescribed it to treat various ailments, including stomach and liver diseases. The drink’s perceived health benefits, added to its allure, made it a staple in many households.  Even today, chocolate is acknowledged to have significant health benefits

In 1907, marshmallows joined the hot chocolate party thanks in part to the launching of “Angelus Marshmallows” by “The Cracker Jack People”.  Angelus marshmallows were large marshmallows cut into slabs, wrapped in wax, and sold in tins.  

Today, hot chocolate is enjoyed in numerous forms around the world. In the United States, it is often made by mixing hot water or milk with cocoa powder and sugar, resulting in a thinner, sweeter drink. Instant cocoa is an American invention from the late 1950s. Charles Sanna, a dairy company owner, had too much powdered coffee creamer, so he mixed it with sugar and cocoa powder, giving people the original Swiss Miss.  He received a patent in 1963 for his process of producing instantly-soluble nonfat dry milk.  A Canadian patent was issued in 1975 to Mr. Sanna on behalf of Beatrice Foods for an instant marshmallow powder. 

European versions of hot chocolate tend to be richer and thicker. For example, in Spain, “chocolate a la taza” is a thick, pudding-like drink, while in Italy, “cioccolata calda” is similarly dense and luxurious. 

Latin America also has its unique variations of hot chocolate. In Mexico, “chocolate para mesa” is often spiced with cinnamon and sometimes chili beans, harking back to the drink’s ancient roots. This version is typically made with tablets of Mexican chocolate, which are melted into milk or water.

In recent years, there has been a resurgence of interest in traditional and artisanal hot chocolate. Many cafes and chocolatiers now offer high-quality, handcrafted versions of the drink, often made with single-origin cocoa beans and natural ingredients. 

Moreover, innovations continue on. For example, in 2019 Frankford Candy received a US federal trademark registration to its Hot Chocolate BOMB®, featuring a Belgian milk chocolate exterior and vanilla mini marshmallows inside. 

The history of hot chocolate is a testament to the enduring appeal of this delicious beverage. From its ancient origins in Mesoamerica to its modern-day variations, hot chocolate has evolved significantly over the centuries. Each culture that embraced the drink added its unique twist, resulting in the diverse and delightful versions we enjoy today. Whether sipped by a warm fire or shared with loved ones during the holidays, hot chocolate continues to bring comfort and joy to people around the world.

As we are getting ready to transition into a new year, we at Fishman Stewart along with Sir Finnegan Fish (a.k.a. Finny) wish you, your colleagues and families, a wonderful holiday season!

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