Ensuring Consistency in Nutrition Labels Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7122 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7122

  To amend the Federal Food, Drug, and Cosmetic Act to specify that a 
 food shall be considered misbranded if the value of nutrients on its 
labeling deviates by more than 5 percent of the value specified on such 
                   labeling, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2026

  Mr. Steube (for himself, Mr. Soto, and Mr. Donalds) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

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                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to specify that a 
 food shall be considered misbranded if the value of nutrients on its 
labeling deviates by more than 5 percent of the value specified on such 
                   labeling, 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.

    This Act may be cited as the ``Ensuring Consistency in Nutrition 
Labels Act''.

SEC. 2. MISBRANDING OF FOOD IN CASE OF 5 PERCENT DEVIATION OF NUTRIENT 
              VALUE.

    (a) In General.--Section 403(q)(2) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(q)(2)) is amended by adding at the end the 
following:
            ``(C) If the Secretary determines that, with respect to the 
        value for nutrients required by subparagraph (1)(C), (1)(D), or 
        (1)(E) to appear in the label or labeling of food subject to 
        subparagraph (1), the nutrient content of the composite is 
        greater than 5 percent in excess of the value for that nutrient 
        declared on the label, such food shall be treated as misbranded 
        under this section.''.
    (b) Regulations.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, shall revise 
regulations under section 101.9 of title 21, Code of Federal 
Regulations (as in effect on January 1, 2026), to reflect the amendment 
made by subsection (a) of this section.
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