Health warning 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 octagon 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) 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. (6) 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) infant formula; (II) any beverage for medical use; (III) any beverage designed as supplemental, meal replacement, or sole-source nutrition that includes proteins, carbohydrates, and multiple vitamins and minerals; (IV) any milk product; (V) 100 percent natural fruit or vegetable juice; or (VI) any alcoholic beverage; 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; or (II) infant formula.; and (2) in paragraph (r)— (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 (B) in subparagraph (3)(A)— (i) in subclause (i), by striking, and and inserting a semicolon; (ii) in subclause (ii), by striking the period and inserting; and; and (iii) by adding at the end the following: (iii) if the food is not required to include a nutrition warning label under subparagraph (1), (2), (3), or (4) of paragraph (z).. (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 $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). (d) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act.

(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 octagon 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) 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. (6) 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) infant formula; (II) any beverage for medical use; (III) any beverage designed as supplemental, meal replacement, or sole-source nutrition that includes proteins, carbohydrates, and multiple vitamins and minerals; (IV) any milk product; (V) 100 percent natural fruit or vegetable juice; or (VI) any alcoholic beverage; 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; or (II) infant formula.; and (2) in paragraph (r)— (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 (B) in subparagraph (3)(A)— (i) in subclause (i), by striking, and and inserting a semicolon; (ii) in subclause (ii), by striking the period and inserting; and; and (iii) by adding at the end the following: (iii) if the food is not required to include a nutrition warning label under subparagraph (1), (2), (3), or (4) of paragraph (z).. (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 $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). (d) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act.