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.

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.