[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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