To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to revise certain regulations related to infant and toddler beverages, and for other purposes.
Sponsored By: Representative Jacobs, Sara [D-CA-51]
Introduced
Summary
Clear naming and warning rules for beverages aimed at 12–36 month olds. This bill would direct the Department of Health and Human Services, acting through the Food and Drug Administration, to change two parts of Title 21 of the Code of Federal Regulations so that non-infant-formula drinks for children cannot be labeled as 'infant formula' and so that toddler-targeted milk and nondairy milk drinks carry specific names, qualifiers, and disclaimers.
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- Parents and families: Labels would show clear warnings such as 'DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD' and state the product is not recommended for 12–24 month olds. Labels must also note when a product contains added sugars and say it is not required for a healthy diet.
- Manufacturers: Product names must be descriptive (for example 'milk-based drink' or 'soy-based drink powder for 12–36 month olds') and must include qualifiers like 'sweetened' or 'flavored' when applicable. The rule would ban using the word 'formula' for these products and bar claims that imply a required daily intake.
- Regulators and public health: Labels must include a Dietary Guidelines for Americans statement recommending avoidance of added sugars for children younger than 24 months. The bill would require proposed regulations within 1 year, final rules within 2 years, and a compliance date 3 years after enactment.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
New labeling rules for toddler drinks
If enacted, this bill would require the FDA to rewrite rules for powdered and liquid drinks that are labeled or marketed for children older than 12 months. Such drinks (not infant formula) could not use the word "infant formula" or use "formula" together with other words. Labels would need clear common names (for example, "milk-based drink" or "soy-based drink powder for 12-36 month olds") and must say when a product is "sweetened" or "flavored" if it contains added sugars, nonnutritive sweeteners, or flavorings. Labels would also have to include a warning like "DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD," say the product is not recommended for 12–24 month-olds and is not required for a healthy diet (including the parenthetical about added sugars), and must not tell shoppers a required daily amount (for example, "one cup a day"). The FDA would have to propose rules within 1 year and finalize them within 2 years; if final rules are not issued, the proposed rules would become final at the 2-year deadline. The new labeling rules would apply starting 3 years after enactment.
Sponsors & CoSponsors
Sponsor
Jacobs, Sara [D-CA-51]
CA • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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