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.