No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10199 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10199
To require warning labels on sugar-sweetened foods and beverages, foods
and beverages containing non-sugar sweeteners, ultra-processed foods,
and foods high in nutrients of concern, such as added sugar, saturated
fat, or sodium, to restrict junk food advertising to children, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2024
Mr. Beyer (for himself and Mr. Peters) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require warning labels on sugar-sweetened foods and beverages, foods
and beverages containing non-sugar sweeteners, ultra-processed foods,
and foods high in nutrients of concern, such as added sugar, saturated
fat, or sodium, to restrict junk food advertising to children, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Childhood Diabetes
Reduction Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 101. Health warning labeling of foods; restriction on certain
advertisements directed at children.
Sec. 102. National Institutes of Health research on nutrition science.
Sec. 103. Nutrition and physical activity public education campaign.
TITLE II--FEDERAL TRADE COMMISSION
Sec. 201. Definitions.
Sec. 202. Restrictions on advertisements for junk food directed at
children; required disclosure of any health
and nutrient warning label in
advertisements.
Sec. 203. Restoring the Federal Trade Commission's ability to
promulgate rules on children's advertising.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 101. HEALTH WARNING LABELING OF FOODS; RESTRICTION ON CERTAIN
ADVERTISEMENTS DIRECTED AT CHILDREN.
(a) Health Warning Labeling.--Section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343) is amended--
(1) by adding at the end the following:
``(z)(1) If it is a sugar-sweetened beverage intended for human
consumption and is offered for sale, unless its label includes the
following statement: `Food and Drug Administration Warning: Drinking
beverages with added sugar can contribute to obesity, type-2 diabetes,
and tooth decay. Not recommended for children.', and such statement
is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging or
on the exterior of any vending machine or self-service machine
from which the beverage is available.
``(2) If it is a food, including a beverage, containing any non-
sugar sweetener intended for human consumption and is offered for sale,
unless its label includes the following statement: `Food and Drug
Administration Warning: Contains non-sugar sweeteners. Not recommended
for children.', and such statement is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging or
on the exterior of any vending machine or self-service machine
from which the food is available.
``(3) If it is an ultra-processed food, including a beverage,
intended for human consumption and is offered for sale, unless its
label includes the following statement: `Food and Drug Administration
Warning: Consuming ultra-processed foods and drinks can cause weight
gain, which increases the risk of obesity and type-2 diabetes.', and
such statement is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging or
on the exterior of any vending machine or self-service machine
from which the food is available.
``(4) If it is a food, including a beverage, intended for human
consumption and is offered for sale, and such food contains a nutrient
of concern, such as added sugar, saturated fat, or sodium, or any other
nutrient of concern, as the Secretary determines appropriate, at a
level that increases, for individuals in the general population, the
risk of disease or a health-related condition, as defined by the
Secretary, unless its label includes the following statement for each
nutrient of concern: `High in', followed by the specific nutrient of
concern, and such statement is--
``(A) enclosed by an octagon border in bold type and
readily legible under ordinary conditions; and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging or
on the exterior of any vending machine or self-service machine
from which the food is available.
``(5) The Secretary shall promulgate regulations to apply the
labeling requirements under subparagraphs (1), (2), (3), and (4) with
respect to food offered for sale by online retailers.
``(6) For purposes of this paragraph--
``(A) the term `non-sugar sweetener'--
``(i) means any synthetic, naturally occurring, or
modified non-nutritive sweetener that is not classified
as sugar and is used as an ingredient in manufactured
food, or sold on its own to be added to food; and
``(ii) includes acesulfame K, aspartame, advantame,
cyclamates, monk fruit, neotame, saccharin, sucralose,
stevia, and stevia derivatives;
``(B) the term `sugar-sweetened beverage'--
``(i) means any beverage intended for human
consumption to which one or more caloric sweeteners has
been added and that contains 25 or more calories per 12
fluid ounces of beverage; and
``(ii) includes drinks and beverages commonly
referred to as `soda', `pop', `cola', `soft drinks',
`sports drinks', `energy drinks', `slushies',
`sweetened ice tea', `fruit juice', or any other drinks
and beverage; and
``(iii) does not include--
``(I) infant formula or oral rehydration
fluids for children;
``(II) any beverage for medical use;
``(III) any beverage designed as
supplemental, meal replacement, or sole-source
nutrition that includes proteins,
carbohydrates, and multiple vitamins and
minerals;
``(IV) any milk product;
``(V) 100 percent natural fruit or
vegetable juice with no added caloric or non-
sugar sweetener; or
``(VI) any alcoholic beverage; and
``(C) the term `ultra-processed food'--
``(i) for the period before the effective date of
the regulations under subclause (ii), means a food,
including a beverage, containing one or more industrial
ingredients, including surface-active agents,
stabilizers and thickeners, propellants, aerating
agents and gases, color and coloring adjuncts,
emulsifiers and emulsifier salts, flavoring agents and
adjuvants, flavor enhancers, surface-finishing, non-
sugar sweeteners, and other ingredients, as the
Secretary determines appropriate; and
``(ii) has the meaning given such term in
regulations promulgated by the Secretary, not later
than 1 year after the National Academies of Science,
Engineering, and Medicine issues a report pursuant to
section 201(c) of the Childhood Diabetes Reduction Act
of 2024, taking into consideration the recommendations
included in such report, for the period beginning on
the effective date of such regulations.'' and
(2) in paragraph (r)--
(A) in subparagraph (2)(A)(vi), by inserting ``,
including if the Secretary determines that the food is
high in added sugar, saturated fat, sodium, or any
other nutrient of concern (as determined by the
Secretary pursuant to paragraph (z)(4)), or if the food
contains non-sugar sweetener or is an ultra-processed
food (as defined in paragraph (z)(6)(C))'' before the
period at the end; and
(B) in subparagraph (3)(A)--
(i) in subclause (i), by striking ``, and''
and inserting a semicolon;
(ii) in subclause (ii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) if the food is not required to include a nutrition
warning label under subparagraph (1), (2), (3), or (4) of
paragraph (z).''.
(b) Advertising.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(jjj)(1) Marketing or advertising a food for which labeling is
required under section 403(z), in a manner that reasonably appears to
be directed at children.
``(2) In determining whether any marketing or advertising
reasonably appears to be directed to children for purposes of
subparagraph (1), the Secretary shall consider the totality of the
circumstances, including whether such marketing or advertising uses
themes or promotional strategies for food described in section 403(z)
that appeal to children, such as the use of fun or fantasy themes,
athletes and celebrities, cross-promotions using fictional characters,
cartoon characters, social media influencers, animation, children's
music, actors, or situations representing children's daily life, or
free gifts or toys, contests, interactive games, or mobile or computer
applications.''.
(c) NASEM Review.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall seek to
enter into a contract with the National Academies of Science,
Engineering, and Medicine (referred to in this subsection as the
``National Academies'') under which the National Academies--
(1) convenes a committee of experts in the field of
nutrition science to review the science of ultra-processed food
(as defined in paragraph (z)(6)(C) of section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343)), as added
by subsection (a);
(2) develops recommendations for defining the term ``ultra-
processed food'' for purposes of paragraph (z)(6)(C)(ii) of
section 403 of the Federal Food, Drug, and Cosmetic Act, as
added by subsection (a); and
(3) not later than 1 year after the date of enactment of
this Act, submits to the Secretary a report that includes the
recommendations developed under paragraph (2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2025 through 2029 for purposes of promulgating
regulations and carrying out enforcement activities with respect to the
labeling requirements under the amendments made by subsections (a) and
(b).
SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH ON NUTRITION SCIENCE.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:
``SEC. 404P. RESEARCH AND COLLABORATION ON NUTRITION SCIENCE.
``(a) In General.--The Director of NIH shall expand, intensify, and
coordinate programs for the conduct and support of research with
respect to nutrition science, including research on--
``(1) the health effects of ultra-processed foods on
consumers;
``(2) the specific food and beverage ingredients,
additives, sweeteners, and chemicals within ultra-processed
foods that may be harmful to health;
``(3) the safety profile of food and beverage ingredients,
additives, sweeteners, and chemicals that have been self-
affirmed by food and beverage manufacturers as generally
recognized as safe without review of such status by the Food
and Drug Administration; and
``(4) the formulation of ultra-processed foods to have
hyper-palatable qualities and association with addiction.
``(b) Meetings on Nutrition.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Childhood Diabetes Reduction Act of 2024, and
every 5 years thereafter, the Director of NIH, in coordination
with the Commissioner of Food and Drugs, shall convene a public
meeting for the purpose of discussing research efforts aimed at
improving nutrition and reducing the incidence of diet-related
chronic disease, with the goal of informing Federal policy.
``(2) Participants.--
``(A) In general.--Each meeting under paragraph (1)
shall involve a diverse group of stakeholders,
including food scientists and researchers, registered
dietitians and nutritionists, clinicians specializing
in nutrition-related diseases, Federal stakeholders,
and nongovernmental organizations focused on nutrition
and health.
``(B) Consideration.--In selecting stakeholders
described in subparagraph (A) for participation for
each meeting under paragraph (1), the Director of NIH,
in coordination with the Commissioner of Food and
Drugs, shall ensure that stakeholders who have no
financial affiliation with manufacturers of ultra-
processed food make up the majority of participants.
``(3) Topics.--Each meeting under paragraph (1) shall
include discussion of--
``(A) current research findings related to
nutrition and chronic disease, including the impact of
food labeling requirements under section 403(z) of the
Federal Food, Drug, and Cosmetic Act;
``(B) any gaps in such research and priorities for
future research;
``(C) evidenced-based practices for improving
nutrition and innovative approaches to prevent and
manage chronic conditions through dietary innovations;
and
``(D) such other topics as the Director of NIH, in
coordination with the Commissioner of Food and Drugs,
determines appropriate.
``(4) Report to congress.--The Director NIH, in
coordination with the Commissioner of Food and Drugs, shall
submit a report on each meeting under paragraph (1) to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, and shall make each such report publicly
available on the website of the National Institutes of Health.
``(c) Definition.--In this section, the term `ultra-processed food'
has the meaning given such term in section 403(z)(6) of the Federal
Food, Drug, and Cosmetic Act.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $60,000,000
for each fiscal years 2025 through 2029.''.
SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION CAMPAIGN.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by striking section 399Y and inserting the following:
``SEC. 399Y. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION CAMPAIGN.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, and in collaboration
with national, State, Tribal, and local partners, physical activity
organizations, nutrition experts, physical activity experts, health
professional organizations, and other organizations, as appropriate,
shall develop a national public campaign to educate children and their
caregivers concerning--
``(1) how to read and understand the nutrient warning
labels required under subparagraphs (1) through (4) of section
403(z) of the Federal Food, Drug, and Cosmetic Act;
``(2) the health risks associated with obesity, inactivity,
and poor nutrition, including consumption of foods described in
subparagraphs (1) through (4) of section 403(z) of the Federal
Food, Drug, and Cosmetic Act;
``(3) ways to incorporate physical activity into daily
living;
``(4) ways to support a healthy lifestyle and reduce the
risk of chronic illness, including obesity;
``(5) the benefits of good nutrition; and
``(6) strategies to improve eating and drinking habits,
such as identifying and selecting healthier food choices and
reducing consumption of added sugars, saturated fat, and
sodium.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2025 through 2029.''.
TITLE II--FEDERAL TRADE COMMISSION
SEC. 201. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Child-directed advertising.--The term ``child-directed
advertising'' means any advertisement--
(A) that uses themes or promotional strategies that
appeal to children, which may include the use of--
(i) fun or fantasy themes, cartoon
characters, social media influencers,
animation, endorsements by celebrities and
athletes, cross-promotions using fictional
characters, children's music, actors, or
situations representing children's daily life;
or
(ii) free gifts or toys, contests,
interactive games, or mobile or computer
applications; or
(B) in media for which children comprise at least
30 percent of the audience, as determined by the
Commission, that is displayed using--
(i) traditional measured media, such as
television, radio, and printed media; or
(ii) electronic media, content created by
influencers, online videos, company-sponsored
websites, social media, movies, and video
games.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Junk food.--The term ``junk food'' means products with
labeling requirements described in subparagraph (1), (2), (3),
or (4) of paragraph (z) of section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343), as added by section
101(a) of this Act.
SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK FOOD DIRECTED AT
CHILDREN; REQUIRED DISCLOSURE OF ANY HEALTH AND NUTRIENT
WARNING LABEL IN ADVERTISEMENTS.
(a) Marketing or Advertising Junk Food to Children.--
(1) In general.--It shall be unlawful for any person to
market or advertise, or produce or distribute any advertisement
or marketing material for, junk food by using child-directed
advertising.
(2) Considerations.--In determining whether any marketing
or advertising uses child-directed advertising for purposes of
subparagraph (A), the Commission shall consider the totality of
the circumstances.
(b) Required Disclosure.--It shall be unlawful for any person to
market or advertise, or produce or distribute any advertisement or
marketing material for, junk food without including in such
advertisement or marketing material the relevant mandatory health or
nutrient warning label or notice described in section 403(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).
(c) Effective Date.--The prohibitions established in this section
shall take effect on the date that is 1 year after the date of
enactment of this Act.
(d) Enforcement by the Commission.--
(1) Unfair or deceptive act or practice.--A violation of
this section or a regulation promulgated under this section
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this section in the
same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this
section or a regulation promulgated under this section
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Common carriers.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15
U.S.C. 44, 45(a)(2), 46) or any jurisdictional
limitation of the Commission, the Commission shall also
enforce this Act, in the same manner provided in
subparagraphs (A) and (B), with respect to common
carriers subject to the Communications Act of 1934 (47
U.S.C. 151 et seq.) and Acts amendatory thereof and
supplementary thereto.
(D) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Commission under any other provision of law.
(E) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
section.
SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION'S ABILITY TO
PROMULGATE RULES ON CHILDREN'S ADVERTISING.
(a) In General.--Section 18(h) of the Federal Trade Commission Act
(15 U.S.C. 57a(h)) is repealed.
(b) Conforming Amendment.--Section 18(a)(1) of such Act is amended
in the matter preceding subparagraph (A), by striking ``Except as
provided in subsection (h), the Commission'' and inserting ``The
Commission''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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