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.