,i #aaith ,,congress #ast ,session ,h4 ,r4 #fbid ,,in ,,the ,,house ,,of ,,representatives ,november #be1 #bjbe,mr4 ,beyer 7for himself1 ,mr4 ,peters1 and ,mr4 ,lawler7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require health warning labeling of foods1 and to impose restrictions on advertisements directed at children1 for the purpose of reducing childhood diabetes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,childhood ,diabetes ,reduction ,act of #bjbe4 ,i ,department of ,health and ,human ,services #aja4 ,health warning labeling of foods2 restriction on certain advertisements directed at children 7a7 ,health warning labeling ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended-- 7#a7 by adding at the end the following3 7z7 7#a7 ,if it is a sugar-sweetened beverage intended for human consumption and is offered for sale1 unless its label includes the following statement3 ,food and ,drug ,administration ,warning3 ,drinking beverages with added sugar can contribute to obesity1 type #b diabetes1 and tooth decay4 ,not recommended for children41 and such statement is-- 7,a7 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 triangle2 and 7,b7 prominently displayed on the front1 or the principal display1 of the container1 using not less than #e percent of the area of the front1 or the principal display1 of the container1 and1 as applicable1 on #b sides of any multi-pack packaging or on the exterior of any vending machine or self-service machine from which the beverage is available4 7#b7 ,if it is a food1 including a beverage1 containing any non-sugar sweetener intended for human consumption and is offered for sale1 unless its label includes the following statement3 ,food and ,drug ,administration ,warning3 ,contains non-sugar sweeteners4 ,not recommended for children41 and such statement is-- 7,a7 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 triangle2 and 7,b7 prominently displayed on the front1 or the principal display1 of the container1 using not less than #e percent of the area of the front1 or the principal display1 of the container1 and1 as applicable1 on #b sides of any multi-pack packaging or on the exterior of any vending machine or self-service machine from which the food is available4 7#c7 ,if it is an ultra-processed food1 including a beverage1 intended for human consumption and is offered for sale1 unless its label includes the following statement3 ,food and ,drug ,administration ,warning3 ,consuming ultra-processed foods and drinks can cause weight gain1 which increases the risk of obesity and type #b diabetes41 and such statement is-- 7,a7 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 triangle2 and 7,b7 prominently displayed on the front1 or the principal display1 of the container1 using not less than #e percent of the area of the front1 or the principal display1 of the container1 and1 as applicable1 on #b sides of any multi-pack packaging or on the exterior of any vending machine or self-service machine from which the food is available4 7#d7 ,if it is a food1 including a beverage1 intended for human consumption and is offered for sale1 and such food contains a nutrient of concern1 such as added sugar1 saturated fat1 or sodium1 or any other nutrient of concern1 as the ,secretary determines appropriate1 at a level that increases1 for individuals in the general population1 the risk of disease or a health-related condition1 as defined by the ,secretary1 unless its label includes the following statement for each nutrient of concern3 ,high in1 followed by the specific nutrient of concern1 and such statement is-- 7,a7 enclosed by an octagon border in bold type and readily legible under ordinary conditions2 and 7,b7 prominently displayed on the front1 or the principal display1 of the container1 using not less than #e percent of the area of the front1 or the principal display1 of the container1 and1 as applicable1 on #b sides of any multi-pack packaging or on the exterior of any vending machine or self-service machine from which the food is available4 7#e7 ,the ,secretary shall promulgate regulations to apply the labeling requirements under subparagraphs 7#a71 7#b71 7#c71 and 7#d7 with respect to food offered for sale by online retailers4 7#f7 ,for purposes of this paragraph-- 7,a7 the term non-sugar sweetener-- 7i7 means any synthetic1 naturally-occurring1 or modified non-nutritive sweetener that is not classified as sugar and is used as an ingredient in manufactured food1 or sold on its own to be added to food2 and 7ii7 includes acesulfame ,k1 aspartame1 advantame1 cyclamates1 monk fruit1 neotame1 saccharin1 sucralose1 stevia1 and stevia derivatives2 7,b7 the term sugar-sweetened beverage-- 7i7 means any beverage intended for human consumption to which one or more caloric sweeteners has been added and that contains #be or more calories per #ab fluid ounces of beverage2 and 7ii7 includes drinks and beverages commonly referred to as soda1 pop1 cola1 soft drinks1 sports drinks1 energy drinks1 slushies1 sweetened ice tea1 fruit juice1 or any other drinks and beverage2 and 7iii7 does not include-- 7,i7 infant formula or oral rehydration fluids for children2 7,,ii7 any beverage for medical use2 7,,iii7 any beverage designed as supplemental1 meal replacement1 or sole-source nutrition that includes proteins1 carbohydrates1 and multiple vitamins and minerals2 7,,iv7 any milk product2 7,v7 #ajj percent natural fruit or vegetable juice with no added caloric or non-sugar sweetener2 or 7,,vi7 any alcoholic beverage2 and 7,c7 the term ultra-processed food-- 7i7 for the period before the effective date of the regulations under subclause 7ii71 means a food1 including a beverage1 containing one or more industrial ingredients1 including surface-active agents1 stabilizers and thickeners1 propellants1 aerating agents and gases1 color and coloring adjuncts1 emulsifiers and emulsifier salts1 flavoring agents and adjuvants1 flavor enhancers1 surface-finishing1 non-sugar sweeteners1 and other ingredients1 as the ,secretary determines appropriate2 and 7ii7 has the meaning given such term in regulations promulgated by the ,secretary1 not later than #a year after the ,national ,academies of ,science1 ,engineering1 and ,medicine issues a report pursuant to section #aja7;c7 of the ,childhood ,diabetes ,reduction ,act of #bjbe1 taking into consideration the recommendations included in such report1 for the period beginning on the effective date of such regulations4 2 and 7#b7 in paragraph 7r7-- 7,a7 in subparagraph 7#b77;,a77vi71 by inserting 1 including if the ,secretary determines that the food is high in added sugar1 saturated fat1 sodium1 or any other nutrient of concern 7as determined by the ,secretary pursuant to paragraph 7z77#d771 or if the food contains non-sugar sweetener or is an ultra-processed food 7as defined in paragraph 7z77#f77;,c77 before the period at the end2 and 7,b7 in subparagraph 7#c77;,a7-- 7i7 in subclause 7i71 by striking 1 and and inserting a semicolon2 7ii7 in subclause 7ii71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 if the food is not required to include a nutrition warning label under subparagraph 7#a71 7#b71 7#c71 or 7#d7 of paragraph 7z74 4 7b7 ,advertising ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended by adding at the end the following3 7jjj7 7#a7 ,marketing or advertising a food for which labeling is required under section #djc7z71 in a manner that reasonably appears to be directed at children4 7#b7 ,in determining whether any marketing or advertising reasonably appears to be directed to children for purposes of subparagraph 7#a71 the ,secretary shall consider the totality of the circumstances1 including whether such marketing or advertising uses themes or promotional strategies for food described in section #djc7z7 that appeal to children1 such as the use of fun or fantasy themes1 athletes and celebrities1 cross-promotions using fictional characters1 cartoon characters1 social media influencers1 animation1 children's music1 actors1 or situations representing children's daily life1 or free gifts or toys1 contests1 interactive games1 or mobile or computer applications4 4 7c7 ,,nasem review ,the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 shall seek to enter into a contract with the ,national ,academies of ,science1 ,engineering1 and ,medicine 7referred to in this subsection as the ,national ,academies7 under which the ,national ,academies-- 7#a7 convenes a committee of experts in the field of nutrition science to review the science of ultra-processed food 7as defined in paragraph 7z77#f77;,c7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc771 as added by subsection 7a72 7#b7 develops recommendations for defining the term ultra-processed food for purposes of paragraph 7z77#f77;,c77ii7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by subsection 7a72 and 7#c7 not later than #a year after the date of enactment of this ,act1 submits to the ,secretary a report that includes the recommendations developed under paragraph 7#b74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,health and ,human ,services #e1jjj1jjj for each of fiscal years #bjbf through #bjcj for purposes of promulgating regulations and carrying out enforcement activities with respect to the labeling requirements under the amendments made by subsections 7a7 and 7b74 #ajb4 ,national ,institutes of ,health research on nutrition science ,part ,a of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bha et seq47 is amended by adding at the end the following3 #djd,p4 ,research and collaboration on nutrition science 7a7 ,in general ,the ,director of ,,nih shall expand1 intensify1 and coordinate programs for the conduct and support of research with respect to nutrition science1 including research on-- 7#a7 the health effects of ultra-processed foods on consumers2 7#b7 the specific food and beverage ingredients1 additives1 sweeteners1 and chemicals within ultra-processed foods that may be harmful to health2 7#c7 the safety profile of food and beverage ingredients1 additives1 sweeteners1 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 ,administration2 and 7#d7 the formulation of ultra-processed foods to have hyper-palatable qualities and association with addiction4 7b7 ,meetings on nutrition 7#a7 ,in general ,not later than #a year after the date of enactment of the ,childhood ,diabetes ,reduction ,act of #bjbe1 and every #e years thereafter1 the ,director of ,,nih1 in coordination with the ,commissioner of ,food and ,drugs and the heads of other agencies1 as appropriate1 shall convene a public meeting for the purpose of discussing research efforts aimed at improving nutrition and reducing the incidence of diet-related chronic disease1 with the goal of informing ,federal policy4 7#b7 ,participants 7,a7 ,in general ,each meeting under paragraph 7#a7 shall involve a diverse group of stakeholders1 including food scientists and researchers1 registered dietitians and nutritionists1 clinicians specializing in nutrition-related diseases1 ,federal stakeholders1 and nongovernmental organizations focused on nutrition and health4 7,b7 ,consideration ,in selecting stakeholders described in subparagraph 7,a7 for participation for each meeting under paragraph 7#a71 the ,director of ,,nih shall ensure that stakeholders who have no financial affiliation with manufacturers of ultra-processed food make up the majority of participants4 7#c7 ,topics ,each meeting under paragraph 7#a7 shall include discussion of-- 7,a7 current research findings related to nutrition and chronic disease1 including the impact of food labeling requirements under section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7,b7 any gaps in such research and priorities for future research2 7,c7 evidence-based practices for improving nutrition and innovative approaches to prevent and manage chronic conditions through dietary innovations2 and 7,d7 such other topics as the ,director of ,,nih determines appropriate4 7#d7 ,report to ,congress ,the ,director ,,nih1 in coordination with the ,commissioner of ,food and ,drugs1 shall submit a report on each meeting under paragraph 7#a7 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and shall make each such report publicly available on the website of the ,national ,institutes of ,health4 7c7 ,definition ,in this section1 the term ultra-processed food has the meaning given such term in section #djc7z77#f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7d7 ,authorization of appropriations ,for the purpose of carrying out this section1 there are authorized to be appropriated #fj1jjj1jjj for each fiscal years #bjbf through #bjcj4 4 #ajc4 ,nutrition and physical activity public education campaign ,title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda et seq47 is amended by striking section #cii,y and inserting the following3 #cii,y4 ,nutrition and physical activity public education campaign 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 and in collaboration with national1 ,state1 ,tribal1 and local partners1 physical activity organizations1 nutrition experts1 physical activity experts1 health professional organizations1 and other organizations1 as appropriate1 shall develop a national public campaign to educate the public1 including adults1 children1 and caregivers1 concerning-- 7#a7 how to read and understand the nutrient warning labels required under subparagraphs 7#a7 through 7#d7 of section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7#b7 the health risks associated with obesity1 inactivity1 and poor nutrition1 including consumption of foods described in subparagraphs 7#a7 through 7#d7 of section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7#c7 ways to incorporate physical activity into daily living2 7#d7 ways to support a healthy lifestyle and reduce the risk of chronic illness1 including obesity2 7#e7 the benefits of good nutrition2 and 7#f7 strategies to improve eating and drinking habits1 such as identifying and selecting healthier food choices and reducing consumption of added sugars1 saturated fat1 and sodium4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each of the fiscal years #bjbf through #bjcj4 4 ,,ii ,federal ,trade ,commission #bja4 ,definitions ,in this title3 7#a7 ,child ,the term child means an individual who is under the age of #ac4 7#b7 ,child-directed advertising ,the term child-directed advertising means any advertisement-- 7,a7 that uses themes or promotional strategies that appeal to children1 which may include the use of-- 7i7 fun or fantasy themes1 cartoon characters1 social media influencers1 animation1 endorsements by celebrities and athletes1 cross-promotions using fictional characters1 children's music1 actors1 or situations representing children's daily life2 or 7ii7 free gifts or toys1 contests1 interactive games1 or mobile or computer applications2 or 7,b7 in media for which children comprise at least #cj percent of the audience1 as determined by the ,commission1 that is displayed using-- 7i7 traditional measured media1 such as television1 radio1 and printed media2 or 7ii7 electronic media1 content created by influencers1 online videos1 company-sponsored websites1 social media1 movies1 and video games4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,junk food ,the term junk food means products with labeling requirements described in subparagraph 7#a71 7#b71 7#c71 or 7#d7 of paragraph 7z7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as added by section #aja7;a7 of this ,act4 #bjb4 ,restrictions on advertisements for junk food directed at children2 required disclosure of any health and nutrient warning label in advertisements 7a7 ,marketing or advertising junk food to children 7#a7 ,in general ,it shall be unlawful for any person to market or advertise1 or produce or distribute any advertisement or marketing material for1 junk food by using child-directed advertising4 7#b7 ,considerations ,in determining whether any marketing or advertising uses child-directed advertising for purposes of subparagraph 7,a71 the ,commission shall consider the totality of the circumstances4 7b7 ,required disclosure ,it shall be unlawful for any person to market or advertise1 or produce or distribute any advertisement or marketing material for1 junk food without including in such advertisement or marketing material the relevant mandatory health or nutrient warning label or notice described in section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7z774 7c7 ,effective date ,the prohibitions established in this section shall take effect on the date that is #a year after the date of enactment of this ,act4 7d7 ,enforcement by the ,commission 7#a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 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 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,common ,carriers ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and ,acts amendatory thereof and supplementary thereto4 7,d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7,e7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 #bjc4 ,restoring the ,federal ,trade ,commission's ability to promulgate rules on children's advertising 7a7 ,in general ,section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h77 is repealed4 7b7 ,conforming amendment ,section #ah7;a77#a7 of such ,act is amended in the matter preceding subparagraph 7,a71 by striking ,except as provided in subsection 7h71 the ,commission and inserting ,the ,commission4