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Many brands have swapped the language on their packaging and altered their recipes in recent years, presumably replacing cocoa butter (which is rising in cost) with cheaper fats. Doing so means their products no longer meet US regulations to be considered chocolate. 

"Frozen dairy dessert" is a term used for frozen treats like this that don't meet the FDA's requirements to be legally considered ice cream. Often, it's due to a low percentage of milkfat, weight per gallon, or how much air is churned into them. Breyers sells some flavors as ice creams and some as frozen dairy desserts.