[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9969 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9969

To direct the Federal Trade Commission to conduct an investigation and 
 submit to Congress a report on unfair or deceptive acts or practices 
that may be prevalent in the advertising or marketing of preterm infant 
 formula and to issue regulations to prohibit unfair or deceptive acts 
or practices related to the advertising or marketing of preterm infant 
                    formula, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2026

Mr. Pappas (for himself and Ms. DeLauro) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To direct the Federal Trade Commission to conduct an investigation and 
 submit to Congress a report on unfair or deceptive acts or practices 
that may be prevalent in the advertising or marketing of preterm infant 
 formula and to issue regulations to prohibit unfair or deceptive acts 
or practices related to the advertising or marketing of preterm infant 
                    formula, 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 ``Baby Brent's Bill''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) parents should retain the right to be fully informed 
        about, and to take steps to protect, the health of their 
        preterm infants;
            (2) there are numerous studies that document that, when 
        necessary, human milk-based fortifiers are generally considered 
        safer than bovine fortifiers;
            (3) scientific gaps still exist for better understanding 
        how certain feeding practices may impact a preterm infant 
        developing necrotizing enterocolitis (in this section referred 
        to as ``NEC'');
            (4) one of the deadliest comorbidities associated with 
        prematurity and the most common gastrointestinal emergency 
        experienced by preterm infants in the Newborn Intensive Care 
        Unit is NEC;
            (5) 1 baby dies of NEC each day;
            (6) strong individual protection for preterm infants and 
        their families is critical to preserving their ability to seek 
        compensation when harm occurs, specifically in cases where 
        preterm infants were exposed to factors that may have increased 
        the risk of developing NEC; and
            (7) no manufacturer of preterm infant formula or related 
        products should be permitted to limit, evade, or otherwise 
        diminish the ability of families to pursue legal recourse when 
        their preterm infants experience harm.

SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATED TO THE 
              ADVERTISING AND MARKETING OF PRETERM INFANT FORMULA.

    (a) Investigation and Report by Commission.--
            (1) Investigation.--
                    (A) In general.--The Commission shall conduct an 
                investigation on the advertising and marketing of 
                preterm infant formula that shall identify potentially 
                unfair or deceptive acts or practices that may be 
                prevalent in such advertising or marketing, as well as 
                any other information as the Commission determines 
                appropriate.
                    (B) Considerations.--In conducting the 
                investigation required by subparagraph (A), the 
                Commission shall consider advertising or marketing 
                materials with respect to preterm infant formula that 
                may exclude--
                            (i) labeling information about potential 
                        health risks associated with the consumption of 
                        preterm infant formula and fortifiers; or
                            (ii) differences, including with respect to 
                        benefits and drawbacks, between consuming human 
                        breast milk and human milk-based fortifiers and 
                        consuming bovine-based fortifiers during 
                        infancy.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this section, the Commission shall submit to 
        Congress a report on the investigation required by paragraph 
        (1)(A) and any recommendation for legislation or administrative 
        action as the Commission determines appropriate.
            (3) Exemption from paperwork reduction act.--This 
        subsection is exempt from subchapter I of chapter 35 of title 
        44, United States Code (commonly known as the ``Paperwork 
        Reduction Act'').
    (b) Regulations.--
            (1) In general.--Not later than 18 months after the date on 
        which the Commission submits the report as required by 
        subsection (a)(2), the Commission shall promulgate, under 
        section 553 of title 5, United States Code, regulations to 
        prohibit any manufacturer or importer of preterm infant formula 
        from engaging in any unfair or deceptive act or practice 
        related to the advertising or marketing of preterm infant 
        formula.
            (2) Requirements.--In promulgating regulations pursuant to 
        paragraph (1), the Commission shall address advertising or 
        marketing materials with respect to preterm infant formula that 
        may exclude--
                    (A) labeling information about potential health 
                risks associated with the consumption of preterm infant 
                formula and fortifiers; or
                    (B) differences, including with respect to benefits 
                and drawbacks, between consuming human breast milk and 
                human milk-based fortifiers and consuming bovine-based 
                fortifiers during infancy.
    (c) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated pursuant to subsection (b)(1) 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 commission.--
                    (A) In general.--The Commission shall enforce the 
                regulations promulgated pursuant to subsection (b)(1) 
                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 Act.
                    (B) Privileges and immunities.--Any person who 
                violates a regulation promulgated pursuant to 
                subsection (b)(1) 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.).
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Preterm infant.--The term ``preterm infant'' means an 
        infant who--
                    (A) is born before 37 weeks of gestation; or
                    (B) is a low birth weight infant.
            (3) Preterm infant formula.--The term ``preterm infant 
        formula'' means any infant formula that--
                    (A) is exempt under section 412(h)(1) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                350a(h)(1)); and
                    (B) is intended to be administered to a preterm 
                infant.
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