[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 68 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 68

To amend the Federal Food, Drug, and Cosmetic Act to prevent misleading 
              advertising of the health benefits of foods.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Metzenbaum introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to prevent misleading 
              advertising of the health benefits of foods.

    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 ``Food and Drug Administration 
Nutrition Advertising Act of 1993''.

SEC. 2. MISLEADING FOOD ADVERTISEMENTS.

    (a) Requirements.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following new paragraph:
    ``(s) Except as provided in clauses (A) through (C) of paragraph 
(r)(5), if it is a food intended for human consumption that is offered 
for sale, and the advertising for the food--
            ``(1) makes a claim, expressly or by implication, of the 
        type described in paragraph (r)(1)(A), unless the claim is in 
        accordance with regulations promulgated by the Secretary that 
        are consistent with regulations issued by the Secretary to 
        implement paragraph (r)(2);
            ``(2) makes a claim, expressly or by implication, of the 
        type described in paragraph (r)(1)(B), unless the claim is in 
        accordance with regulations promulgated by the Secretary that 
        are consistent with regulations issued by the Secretary to 
        implement subparagraph (3) or (5)(D) of paragraph (r);
            ``(3) makes a claim, expressly or by implication of the 
        type described in clause (A) or (B) of paragraph (r)(1), unless 
        the claim is in accordance with regulations promulgated by the 
        Secretary that are consistent with regulations issued by the 
        Secretary to implement subparagraph (1) or (2) of paragraph 
        (q); or
            ``(4) fails to include clearly and conspicuously the 
        following statement: `See product label for complete nutrition 
        information.'''.
    (b) Regulations.--
            (1) In general.--
                    (A) Proposed regulations.--Not later than 6 months 
                after the date of enactment of this Act, the Secretary 
                of Health and Human Services shall issue proposed 
                regulations to implement section 403(s) of the Federal 
                Food, Drug, and Cosmetic Act.
                    (B) Final regulations.--Not later than 12 months 
                after the date of enactment of this Act, the Secretary 
                of Health and Human Services shall issue final 
                regulations to implement section 403(s) of the Federal 
                Food, Drug, and Cosmetic Act.
            (2) Proposed regulations considered to be final.--If the 
        Secretary of Health and Human Services fails to issue final 
        regulations under paragraph (1)(B) upon the expiration of 12 
        months after the date of enactment of this Act, the proposed 
        regulations issued in accordance with paragraph (1)(A) shall be 
        considered to be the final regulations upon the expiration of 
        such 12 months. The Secretary of Health and Human Services 
        shall promptly publish in the Federal Register notice of the 
        new status of the proposed regulations.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2(a) shall take effect 15 months 
after the date of enactment of this Act.

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