[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5026 Reported in Senate (RS)]
<DOC>
Calendar No. 531
119th CONGRESS
2d Session
S. 5026
To require warning labels on sugar-sweetened foods and beverages, foods
and beverages containing high-intensity sweeteners, ultra-processed
foods, and foods high in nutrients of concern, such as added sugar,
saturated fat, or sodium, to restrict junk food advertising to
children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2026
Mr. Sanders introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
July 28, 2026
Reported by Mr. Cassidy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require warning labels on sugar-sweetened foods and beverages, foods
and beverages containing high-intensity sweeteners, ultra-processed
foods, and foods high in nutrients of concern, such as added sugar,
saturated fat, or sodium, to restrict junk food advertising to
children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Childhood
Diabetes Reduction Act of 2026''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
<DELETED>Sec. 101. Health warning labeling of foods; restriction on
certain advertisements directed at
children.
<DELETED>Sec. 102. National Institutes of Health research on nutrition
science.
<DELETED>Sec. 103. Nutrition and physical activity public education
campaign.
<DELETED>TITLE II--FEDERAL TRADE COMMISSION
<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Restrictions on advertisements for junk food
directed at children; required disclosure
of any health and nutrient warning label in
advertisements.
<DELETED>Sec. 203. Restoring the Federal Trade Commission's ability to
promulgate rules on children's advertising.
<DELETED>TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>
<DELETED>SEC. 101. HEALTH WARNING LABELING OF FOODS; RESTRICTION ON
CERTAIN ADVERTISEMENTS DIRECTED AT CHILDREN.</DELETED>
<DELETED> (a) Front of Package Nutrition Labeling.--Section 403 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended--
</DELETED>
<DELETED> (1) by adding at the end the following:</DELETED>
<DELETED> ``(z)(1) If it is a sugar-sweetened beverage intended for
human consumption and is offered for sale, unless its label includes
the following statement: `Food and Drug Administration Warning:
Drinking beverages with added sugar can contribute to obesity, type 2
diabetes, and tooth decay. Not recommended for children.', and such
statement is--</DELETED>
<DELETED> ``(A) enclosed by a rectangular border in bold
type and readily legible under ordinary conditions alongside an
icon comprised of an exclamation point contained within a
triangle; and</DELETED>
<DELETED> ``(B) prominently displayed on the front, or the
principal display, of the container, using not less than 5
percent of the area of the front, or the principal display, of
the container, and, as applicable, on 2 sides of any multi-pack
packaging.</DELETED>
<DELETED> ``(2) If it is a food, including a beverage, containing
any high-intensity sweetener intended for human consumption and is
offered for sale, unless its label includes the following statement:
`Food and Drug Administration Warning: Contains high-intensity
sweetener. Not recommended for children.', and such statement is--
</DELETED>
<DELETED> ``(A) enclosed by a rectangular border in bold
type and readily legible under ordinary conditions alongside an
icon comprised of an exclamation point contained within a
triangle; and</DELETED>
<DELETED> ``(B) prominently displayed on the front, or the
principal display, of the container, using not less than 5
percent of the area of the front, or the principal display, of
the container, and, as applicable, on 2 sides of any multi-pack
packaging.</DELETED>
<DELETED> ``(3) If it is an ultra-processed food, including a
beverage, intended for human consumption and is offered for sale,
unless its label includes the following statement: `Food and Drug
Administration Warning: Consuming ultra-processed foods and drinks can
cause weight gain, which increases the risk of obesity and type 2
diabetes.', and such statement is--</DELETED>
<DELETED> ``(A) enclosed by a rectangular border in bold
type and readily legible under ordinary conditions alongside an
icon comprised of an exclamation point contained within a
triangle; and</DELETED>
<DELETED> ``(B) prominently displayed on the front, or the
principal display, of the container, using not less than 5
percent of the area of the front, or the principal display, of
the container, and, as applicable, on 2 sides of any multi-pack
packaging.</DELETED>
<DELETED> ``(4) If it is a food, including a beverage, intended for
human consumption and is offered for sale, and such food contains a
nutrient of concern, such as added sugar, saturated fat, or sodium, or
any other nutrient of concern, as the Secretary determines appropriate,
at a level that increases, for individuals in the general population,
the risk of disease or a health-related condition, as defined by the
Secretary, unless its label includes the following statement for each
nutrient of concern: `High in', followed by the specific nutrient of
concern, and such statement is--</DELETED>
<DELETED> ``(A) enclosed by an octagon border in bold type
and readily legible under ordinary conditions; and</DELETED>
<DELETED> ``(B) prominently displayed on the front, or the
principal display, of the container, using not less than 5
percent of the area of the front, or the principal display, of
the container, and, as applicable, on 2 sides of any multi-pack
packaging.</DELETED>
<DELETED> ``(5) The Secretary shall promulgate regulations to apply
the labeling requirements under subparagraphs (1), (2), (3), and (4)
with respect to food offered for sale by online retailers.</DELETED>
<DELETED> ``(6) For purposes of this paragraph--</DELETED>
<DELETED> ``(A) the term `high-intensity sweetener'--
</DELETED>
<DELETED> ``(i) means any synthetic, naturally
occurring, or modified non-nutritive sweetener that is
not classified as sugar and is used as an ingredient in
manufactured food, or sold on its own to be added to
food; and</DELETED>
<DELETED> ``(ii) includes acesulfame K, aspartame,
advantame, cyclamates, monk fruit, neotame, saccharin,
sucralose, stevia, and stevia derivatives;</DELETED>
<DELETED> ``(B) the term `sugar-sweetened beverage'--
</DELETED>
<DELETED> ``(i) means any beverage intended for
human consumption to which one or more caloric
sweeteners has been added and that contains 25 or more
calories per 12 fluid ounces of beverage; and</DELETED>
<DELETED> ``(ii) includes drinks and beverages
commonly referred to as `soda', `pop', `cola', `soft
drinks', `sports drinks', `energy drinks', `slushies',
`sweetened ice tea', `fruit juice', or any other drinks
and beverage, as determined by the Secretary;
and</DELETED>
<DELETED> ``(iii) does not include--</DELETED>
<DELETED> ``(I) infant formula;</DELETED>
<DELETED> ``(II) any beverage for medical
use;</DELETED>
<DELETED> ``(III) any beverage designed as
supplemental, meal replacement, or sole-source
nutrition that includes proteins,
carbohydrates, and multiple vitamins and
minerals;</DELETED>
<DELETED> ``(IV) any milk product;</DELETED>
<DELETED> ``(V) 100 percent natural fruit or
vegetable juice; or</DELETED>
<DELETED> ``(VI) any alcoholic beverage;
and</DELETED>
<DELETED> ``(C) the term `ultra-processed food'--</DELETED>
<DELETED> ``(i) means a food, including a beverage,
containing one or more industrial ingredients,
including surface-active agents, stabilizers and
thickeners, propellants, aerating agents and gases,
color and coloring adjuncts, emulsifiers and emulsifier
salts, flavoring agents and adjuvants, flavor
enhancers, surface-finishing, high-intensity
sweeteners, and other ingredients, as the Secretary
determines appropriate; and</DELETED>
<DELETED> ``(ii) does not include--</DELETED>
<DELETED> ``(I) any product that meets the
definition of `healthy' set forth in current
regulations promulgated by the Food and Drug
Administration; or</DELETED>
<DELETED> ``(II) infant formula.'';
and</DELETED>
<DELETED> (2) in paragraph (r)--</DELETED>
<DELETED> (A) in subparagraph (2)(A)(vi), by
inserting ``, including if the Secretary determines
that the food is high in added sugar, saturated fat,
sodium, or any other nutrient of concern (as determined
by the Secretary pursuant to paragraph (z)(4)), or if
the food contains high-intensity sweetener or is an
ultra-processed food (as defined in paragraph
(z)(6)(C))'' before the period at the end;
and</DELETED>
<DELETED> (B) in subparagraph (3)(A)--</DELETED>
<DELETED> (i) in subclause (i), by striking
``, and'' and inserting a semicolon;</DELETED>
<DELETED> (ii) in subclause (ii), by
striking the period and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) if the food is not required to include a
nutrition warning label under subparagraph (1), (2), (3), or
(4) of paragraph (z).''.</DELETED>
<DELETED> (b) Advertising.--Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(jjj)(1) Marketing or advertising a food for which
labeling is required under section 403(z), in a manner that reasonably
appears to be directed at children.</DELETED>
<DELETED> ``(2) In determining whether any marketing or advertising
reasonably appears to be directed to children for purposes of
subparagraph (1), the Secretary shall consider the totality of the
circumstances, including whether such marketing or advertising uses
themes or promotional strategies for food described in section 403(z)
that appeal to children, such as the use of fun or fantasy themes,
athletes and celebrities, cross-promotions using fictional characters,
cartoon characters, social media influencers, animation, children's
music, actors, or situations representing children's daily life, or
free gifts or toys, contests, interactive games, or mobile or computer
applications.''.</DELETED>
<DELETED> (c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Health and Human Services
$5,000,000 for each of fiscal years 2027 through 2031 for purposes of
promulgating regulations and carrying out enforcement activities with
respect to the labeling requirements under the amendments made by
subsections (a) and (b).</DELETED>
<DELETED> (d) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.</DELETED>
<DELETED>SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH ON NUTRITION
SCIENCE.</DELETED>
<DELETED> Part A of title IV of the Public Health Service Act (42
U.S.C. 281 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 404P. RESEARCH AND COLLABORATION ON NUTRITION
SCIENCE.</DELETED>
<DELETED> ``(a) In General.--The Director of NIH shall expand,
intensify, and coordinate programs, such as the Nutrition Regulatory
Science Program, for the conduct and support of research with respect
to nutrition science, including research on--</DELETED>
<DELETED> ``(1) the health effects of ultra-processed foods
on consumers;</DELETED>
<DELETED> ``(2) the specific food and beverage ingredients,
additives, sweeteners, and chemicals within ultra-processed
foods that may be harmful to health;</DELETED>
<DELETED> ``(3) the safety profile of food and beverage
ingredients, additives, sweeteners, and chemicals that have
been self-affirmed by food and beverage manufacturers as
generally recognized as safe without review of such status by
the Food and Drug Administration; and</DELETED>
<DELETED> ``(4) the formulation of ultra-processed foods to
have hyper-palatable qualities and association with
addiction.</DELETED>
<DELETED> ``(b) Meetings on Nutrition.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Childhood Diabetes Reduction Act of
2026, and every 5 years thereafter, the Director of NIH, in
coordination with the Commissioner of Food and Drugs and the
heads of other agencies, as appropriate, shall convene a public
meeting for the purpose of discussing research efforts aimed at
improving nutrition and reducing the incidence of diet-related
chronic disease, with the goal of informing Federal
policy.</DELETED>
<DELETED> ``(2) Participants.--</DELETED>
<DELETED> ``(A) In general.--Each meeting under
paragraph (1) shall involve a diverse group of
stakeholders, including food scientists and
researchers, registered dietitians and nutritionists,
clinicians specializing in nutrition-related diseases,
Federal stakeholders, and nongovernmental organizations
focused on nutrition and health.</DELETED>
<DELETED> ``(B) Consideration.--In selecting
stakeholders described in subparagraph (A) for
participation in each meeting under paragraph (1), the
Director of NIH shall ensure that stakeholders who are
speaking at the meeting have no financial affiliation
with manufacturers of ultra-processed food.</DELETED>
<DELETED> ``(3) Topics.--Each meeting under paragraph (1)
shall include discussion of--</DELETED>
<DELETED> ``(A) current research findings related to
nutrition and chronic disease, including the impact of
food labeling requirements under section 403(z) of the
Federal Food, Drug, and Cosmetic Act;</DELETED>
<DELETED> ``(B) any gaps in such research and
priorities for future research;</DELETED>
<DELETED> ``(C) evidence-based practices for
improving nutrition and innovative approaches to
prevent and manage chronic conditions through dietary
innovations; and</DELETED>
<DELETED> ``(D) such other topics as the Director of
NIH determines appropriate.</DELETED>
<DELETED> ``(4) Report to congress.--The Director NIH, in
coordination with the Commissioner of Food and Drugs, shall
submit a report on each meeting under paragraph (1) to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, and shall make each such report publicly
available on the website of the National Institutes of
Health.</DELETED>
<DELETED> ``(c) Definition.--In this section, the term `ultra-
processed food' has the meaning given such term in section 403(z)(6) of
the Federal Food, Drug, and Cosmetic Act.</DELETED>
<DELETED> ``(d) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be appropriated
$60,000,000 for each fiscal years 2027 through 2031.''.</DELETED>
<DELETED>SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION
CAMPAIGN.</DELETED>
<DELETED> Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by striking section 399Y and inserting the
following:</DELETED>
<DELETED>``SEC. 399Y. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION
CAMPAIGN.</DELETED>
<DELETED> ``(a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, and in
collaboration with national, State, Tribal, and local partners,
physical activity organizations, nutrition experts, physical activity
experts, health professional organizations, and other organizations, as
appropriate, shall develop a national public campaign to educate the
public, including adults, children, and caregivers, concerning--
</DELETED>
<DELETED> ``(1) how to read and understand the nutrient
warning labels required under subparagraphs (1) through (4) of
section 403(z) of the Federal Food, Drug, and Cosmetic
Act;</DELETED>
<DELETED> ``(2) the health risks associated with obesity,
inactivity, and poor nutrition, including consumption of foods
described in subparagraphs (1) through (4) of section 403(z) of
the Federal Food, Drug, and Cosmetic Act;</DELETED>
<DELETED> ``(3) ways to incorporate physical activity into
daily living;</DELETED>
<DELETED> ``(4) ways to support a healthy lifestyle and
reduce the risk of chronic illness, including
obesity;</DELETED>
<DELETED> ``(5) the benefits of good nutrition;
and</DELETED>
<DELETED> ``(6) strategies to improve eating and drinking
habits, such as identifying and selecting healthier food
choices and reducing consumption of added sugars, saturated
fat, and sodium.</DELETED>
<DELETED> ``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section $10,000,000 for
each of the fiscal years 2027 through 2031.''.</DELETED>
<DELETED>TITLE II--FEDERAL TRADE COMMISSION</DELETED>
<DELETED>SEC. 201. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Child.--The term ``child'' means an individual
who is under the age of 13.</DELETED>
<DELETED> (2) Child-directed advertising.--The term ``child-
directed advertising'' means any advertisement--</DELETED>
<DELETED> (A) that uses themes or promotional
strategies that appeal to children, which may include
the use of--</DELETED>
<DELETED> (i) fun or fantasy themes, cartoon
characters, social media influencers,
animation, endorsements by celebrities and
athletes, cross-promotions using fictional
characters, children's music, actors, or
situations representing children's daily life;
or</DELETED>
<DELETED> (ii) free gifts or toys, contests,
interactive games, or mobile or computer
applications; or</DELETED>
<DELETED> (B) in media for which children comprise
at least 30 percent of the audience, as determined by
the Commission, that is displayed using--</DELETED>
<DELETED> (i) traditional measured media,
such as television, radio, and printed media;
or</DELETED>
<DELETED> (ii) electronic media, content
created by influencers, online videos, company-
sponsored websites, social media, movies, and
video games.</DELETED>
<DELETED> (3) Commission.--The term ``Commission'' means the
Federal Trade Commission.</DELETED>
<DELETED> (4) Junk food.--The term ``junk food'' means
products with labeling requirements described in subparagraph
(1), (2), (3), or (4) of paragraph (z) of section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as added
by section 101(a) of this Act.</DELETED>
<DELETED>SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK FOOD
DIRECTED AT CHILDREN; REQUIRED DISCLOSURE OF ANY HEALTH
AND NUTRIENT WARNING LABEL IN ADVERTISEMENTS.</DELETED>
<DELETED> (a) Marketing or Advertising Junk Food to Children.--
</DELETED>
<DELETED> (1) In general.--It shall be unlawful for any
person to market or advertise, or produce or distribute any
advertisement or marketing material for, junk food by using
child-directed advertising.</DELETED>
<DELETED> (2) Considerations.--In determining whether any
marketing or advertising uses child-directed advertising for
purposes of subparagraph (A), the Commission shall consider the
totality of the circumstances.</DELETED>
<DELETED> (b) Required Disclosure.--It shall be unlawful for any
person to market or advertise, or produce or distribute any
advertisement or marketing material for, junk food without including in
such advertisement or marketing material the relevant mandatory health
or nutrient warning label or notice described in section 403(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).</DELETED>
<DELETED> (c) Effective Date.--The prohibitions established in this
section shall take effect on the date that is 1 year after the date of
enactment of this Act.</DELETED>
<DELETED> (d) Enforcement by the Commission.--</DELETED>
<DELETED> (1) Unfair or deceptive act or practice.--A
violation of this section or a regulation promulgated under
this section 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)).</DELETED>
<DELETED> (2) Powers of the commission.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (C), the Commission shall enforce this
section 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 section.</DELETED>
<DELETED> (B) Privileges and immunities.--Except as
provided in subparagraph (C), any person who violates
this section or a regulation promulgated under this
section 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.).</DELETED>
<DELETED> (C) Common carriers.--Notwithstanding
section 4, 5(a)(2), or 6 of the Federal Trade
Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraphs (A) and (B), with
respect to common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et seq.) and
Acts amendatory thereof and supplementary
thereto.</DELETED>
<DELETED> (D) Authority preserved.--Nothing in this
section shall be construed to limit the authority of
the Commission under any other provision of
law.</DELETED>
<DELETED> (E) Rulemaking.--The Commission shall
promulgate in accordance with section 553 of title 5,
United States Code, such rules as may be necessary to
carry out this section.</DELETED>
<DELETED>SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION'S ABILITY TO
PROMULGATE RULES ON CHILDREN'S ADVERTISING.</DELETED>
<DELETED> (a) In General.--Section 18(h) of the Federal Trade
Commission Act (15 U.S.C. 57a(h)) is repealed.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 18(a)(1) of such Act is
amended in the matter preceding subparagraph (A), by striking ``Except
as provided in subsection (h), the Commission'' and inserting ``The
Commission''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Childhood Diabetes
Reduction Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 101. Front of package nutrition labeling of foods; restriction on
certain advertisements directed at
children.
Sec. 102. National Institutes of Health research on nutrition science.
Sec. 103. Nutrition and physical activity public education campaign.
TITLE II--FEDERAL TRADE COMMISSION
Sec. 201. Definitions.
Sec. 202. Restrictions on advertisements for junk food directed at
children; required disclosure of any health
and nutrient warning label in
advertisements.
Sec. 203. Restoring the Federal Trade Commission's ability to
promulgate rules on children's advertising.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 101. FRONT OF PACKAGE NUTRITION LABELING OF FOODS; RESTRICTION ON
CERTAIN ADVERTISEMENTS DIRECTED AT CHILDREN.
(a) Front of Package Nutrition Labeling.--Section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended--
(1) by adding at the end the following:
``(z)(1) If it is a sugar-sweetened beverage intended for human
consumption and is offered for sale, unless its label includes the
following statement: `Food and Drug Administration Warning: Drinking
beverages with added sugar can contribute to obesity, type 2 diabetes,
and tooth decay. Not recommended for children.', and such statement
is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging.
``(2) If it is a food, including a beverage, containing any high-
intensity sweetener intended for human consumption and is offered for
sale, unless its label includes the following statement: `Food and Drug
Administration Warning: Contains high-intensity sweetener. Not
recommended for children.', and such statement is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging.
``(3) If it is an ultra-processed food, including a beverage,
intended for human consumption and is offered for sale, unless its
label includes the following statement: `Food and Drug Administration
Warning: Consuming ultra-processed foods and drinks can cause weight
gain, which increases the risk of obesity and type 2 diabetes.', and
such statement is--
``(A) enclosed by a rectangular border in bold type and
readily legible under ordinary conditions alongside an icon
comprised of an exclamation point contained within a triangle;
and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging.
``(4) If it is a food, including a beverage, intended for human
consumption and is offered for sale, and such food contains a nutrient
of concern, such as added sugar, saturated fat, or sodium, or any other
nutrient of concern, as the Secretary determines appropriate, at a
level that increases, for individuals in the general population, the
risk of disease or a health-related condition, as defined by the
Secretary, unless its label includes the following statement for each
nutrient of concern: `High in', followed by the specific nutrient of
concern, and such statement is--
``(A) enclosed by an octagonal border in bold type and
readily legible under ordinary conditions; and
``(B) prominently displayed on the front, or the principal
display, of the container, using not less than 5 percent of the
area of the front, or the principal display, of the container,
and, as applicable, on 2 sides of any multi-pack packaging.
``(5) For purposes of this paragraph--
``(A) the term `high-intensity sweetener'--
``(i) means any synthetic, naturally occurring, or
modified non-nutritive sweetener that is not classified
as sugar and is used as an ingredient in manufactured
food, or sold on its own to be added to food; and
``(ii) includes acesulfame K, aspartame, advantame,
cyclamates, monk fruit, neotame, saccharin, sucralose,
stevia, and stevia derivatives;
``(B) the term `sugar-sweetened beverage'--
``(i) means any beverage intended for human
consumption to which one or more caloric sweeteners has
been added and that contains 25 or more calories per 12
fluid ounces of beverage; and
``(ii) includes drinks and beverages commonly
referred to as `soda', `pop', `cola', `soft drinks',
`sports drinks', `energy drinks', `slushies',
`sweetened ice tea', `fruit juice', or any other drinks
and beverage, as determined by the Secretary; and
``(iii) does not include--
``(I) any critical food, as defined in
section 201(ss);
``(II) any beverage designed as
supplemental, meal replacement, or sole-source
nutrition that includes proteins,
carbohydrates, and multiple vitamins and
minerals;
``(III) 100 percent natural fruit or
vegetable juice;
``(IV) any alcoholic beverage; or
``(V) any other product that the Secretary
determines appropriate; and
``(C) the term `ultra-processed food'--
``(i) means a food, including a beverage,
containing one or more industrial ingredients,
including surface-active agents, stabilizers and
thickeners, propellants, aerating agents and gases,
color and coloring adjuncts, emulsifiers and emulsifier
salts, flavoring agents and adjuvants, flavor
enhancers, surface-finishing, high-intensity
sweeteners, and other ingredients, as the Secretary
determines appropriate; and
``(ii) does not include--
``(I) any product that meets the definition
of `healthy' set forth in current regulations
promulgated by the Food and Drug
Administration;
``(II) any critical food, as defined in
section 201(ss); or
``(III) any other product that the
Secretary determines appropriate.
``(6) The Secretary shall promulgate regulations, as appropriate,
with respect to the labeling requirements under subparagraphs (1), (2),
(3), and (4), which may include--
``(A) information on minimum font size, spacing in
comparison to other required statements, and steps to comply
for products with small packaging;
``(B) information on how the labeling requirements may be
applied to online retailers; and
``(C) additional information the Secretary determines to be
necessary to assist with compliance with the labeling
requirements.''; and
(2) in paragraph (r)(2)(A)(vi), by inserting ``, including
if the Secretary determines that the food is high in added
sugar, saturated fat, sodium, or any other nutrient of concern
(as determined by the Secretary pursuant to paragraph (z)(4)),
or if the food contains high-intensity sweetener or is an
ultra-processed food (as defined in paragraph (z)(5)(C))''
before the period at the end.
(b) Advertising.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(jjj)(1) Marketing or advertising a food for which labeling is
required under section 403(z), in a manner that reasonably appears to
be directed at children.
``(2) In determining whether any marketing or advertising
reasonably appears to be directed to children for purposes of
subparagraph (1), the Secretary shall consider the totality of the
circumstances, including whether such marketing or advertising uses
themes or promotional strategies for food described in section 403(z)
that appeal to children, such as the use of fun or fantasy themes,
athletes and celebrities, cross-promotions using fictional characters,
cartoon characters, social media influencers, animation, children's
music, actors, or situations representing children's daily life, or
free gifts or toys, contests, interactive games, or mobile or computer
applications.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services such sums as
may be necessary for each of fiscal years 2027 through 2031 for
purposes of promulgating regulations and carrying out enforcement
activities with respect to the labeling requirements under the
amendments made by subsections (a) and (b).
(d) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH ON NUTRITION SCIENCE.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:
``SEC. 404P. RESEARCH AND COLLABORATION ON NUTRITION SCIENCE.
``(a) In General.--The Director of NIH shall, as appropriate,
expand, intensify, and coordinate the activities of the National
Institutes of Health with respect to nutrition science, including basic
and clinical research on--
``(1) the effects of food and dietary patterns, including
ultra-processed foods, on health;
``(2) the effects of food processing, formulation,
ingredients, and additives on health and food consumption;
``(3) the biological and health effects of food ingredients
and additives, including research to address gaps in available
evidence;
``(4) the effects of food formulation and processing on
eating behavior, energy intake, and patterns of consumption,
including relevant biological and behavioral mechanisms; and
``(5) evidence-based approaches to improve nutrition and
prevent or manage chronic disease related to diet.
``(b) Coordination and Stakeholder Input.--In carrying out this
section, the Director of NIH shall coordinate, as appropriate, with the
Commissioner of Food and Drugs and the heads of other relevant Federal
agencies, and may consult with researchers, clinicians, patients, and
other relevant stakeholders.
``(c) Definition.--In this section, the term `ultra-processed food'
has the meaning given such term in section 403(z)(5) of the Federal
Food, Drug, and Cosmetic Act.''.
SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION CAMPAIGN.
Section 399Y of the Public Health Service Act (42 U.S.C. 280h-2) is
amended--
(1) in the section heading, by inserting ``nutrition and
physical activity public'' before ``education campaign'';
(2) in subsection (a), by striking ``, and in collaboration
with'' and all that follows through the period at the end and
inserting ``and in coordination with the Office of the
Assistant Secretary of Health, shall, as appropriate, conduct
or support public education activities concerning nutrition,
physical activity, and the prevention of chronic disease
related to diet.'';
(3) by redesignating subsection (b) as subsection (d);
(4) by inserting after subsection (a) the following:
``(b) Activities.--Activities conducted or supported under
subsection (a) may include the dissemination of evidence-based
information concerning--
``(1) the health risks associated with obesity, inactivity,
and poor nutrition;
``(2) the relationship between nutrition, physical
activity, and chronic disease;
``(3) the use of nutrition information, including
information provided on food labels, to inform dietary choices;
and
``(4) strategies to support healthy eating and physical
activity.
``(c) Coordination.--In carrying out this section, the Secretary
may coordinate with other relevant Federal agencies and consult with
State, local, and Tribal public health agencies, health professionals,
and other relevant stakeholders, as appropriate.''; and
(5) in subsection (d), as so redesignated, by striking
``2001 through 2005'' and inserting ``2027 through 2031''.
TITLE II--FEDERAL TRADE COMMISSION
SEC. 201. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Child-directed advertising.--The term ``child-directed
advertising'' means any advertisement--
(A) that uses themes or promotional strategies that
appeal to children, which may include the use of--
(i) fun or fantasy themes, cartoon
characters, social media influencers,
animation, endorsements by celebrities and
athletes, cross-promotions using fictional
characters, children's music, actors, or
situations representing children's daily life;
or
(ii) free gifts or toys, contests,
interactive games, or mobile or computer
applications; or
(B) in media for which children comprise at least
30 percent of the audience, as determined by the
Commission, that is displayed using--
(i) traditional measured media, such as
television, radio, and printed media; or
(ii) electronic media, content created by
influencers, online videos, company-sponsored
websites, social media, movies, and video
games.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Junk food.--The term ``junk food'' means products with
labeling requirements described in subparagraph (1), (2), (3),
or (4) of paragraph (z) of section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343), as added by section
101(a) of this Act.
SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK FOOD DIRECTED AT
CHILDREN; REQUIRED DISCLOSURE OF ANY HEALTH AND NUTRIENT
WARNING LABEL IN ADVERTISEMENTS.
(a) Marketing or Advertising Junk Food to Children.--
(1) In general.--It shall be unlawful for any person to
market or advertise, or produce or distribute any advertisement
or marketing material for, junk food by using child-directed
advertising.
(2) Considerations.--In determining whether any marketing
or advertising uses child-directed advertising for purposes of
subparagraph (A), the Commission shall consider the totality of
the circumstances.
(b) Required Disclosure.--It shall be unlawful for any person to
market or advertise, or produce or distribute any advertisement or
marketing material for, junk food without including in such
advertisement or marketing material the relevant mandatory health or
nutrient warning label or notice described in section 403(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).
(c) Effective Date.--The prohibitions established in this section
shall take effect on the date that is 1 year after the date of
enactment of this Act.
(d) Enforcement by the Commission.--
(1) Unfair or deceptive act or practice.--A violation of
this section or a regulation promulgated under this section
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 the commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this section 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 section.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this
section or a regulation promulgated under this section
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.).
(C) Common carriers.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15
U.S.C. 44, 45(a)(2), 46) or any jurisdictional
limitation of the Commission, the Commission shall also
enforce this Act, in the same manner provided in
subparagraphs (A) and (B), with respect to common
carriers subject to the Communications Act of 1934 (47
U.S.C. 151 et seq.) and Acts amendatory thereof and
supplementary thereto.
(D) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Commission under any other provision of law.
(E) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
section.
SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION'S ABILITY TO
PROMULGATE RULES ON CHILDREN'S ADVERTISING.
(a) In General.--Section 18(h) of the Federal Trade Commission Act
(15 U.S.C. 57a(h)) is repealed.
(b) Conforming Amendment.--Section 18(a)(1) of such Act is amended
in the matter preceding subparagraph (A), by striking ``Except as
provided in subsection (h), the Commission'' and inserting ``The
Commission''.
Calendar No. 531
119th CONGRESS
2d Session
S. 5026
_______________________________________________________________________
A BILL
To require warning labels on sugar-sweetened foods and beverages, foods
and beverages containing high-intensity sweeteners, ultra-processed
foods, and foods high in nutrients of concern, such as added sugar,
saturated fat, or sodium, to restrict junk food advertising to
children.
_______________________________________________________________________
July 28, 2026
Reported with an amendment