HR 8412
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.
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Bill overview
This bill directs the Food and Drug Administration to revise regulations concerning infant and toddler beverages. Specifically, it prohibits beverages marketed for children over 12 months from being labeled as ‘formula’ and requires clearer labeling for milk-based beverages intended for children aged 12 to 36 months, including descriptive names and warnings about added sugars and potential dietary recommendations. The revisions will take effect three years after the bill’s enactment.
Key provisions
- Prohibits labeling of beverages for children over 12 months as ‘formula’.
- Requires milk-based beverages for 12-36 month olds to use descriptive names (e.g., ‘milk-based drink’).
- Mandates inclusion of qualifying terms (e.g., ‘sweetened,’ ‘flavored’) on beverages containing added sugars or sweeteners.
- Requires beverages to include a disclaimer stating ‘DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD’.
- Prohibits suggesting recommended daily intakes for these beverages.
- Sets deadlines for the Secretary to issue proposed and final regulations.
Who is affected
- Parents and caregivers of infants and toddlers
- Food and beverage manufacturers
- The Food and Drug Administration (FDA)
- The healthcare industry
Notable changes
- Clarifies labeling requirements for milk-based beverages marketed to young children.
- Adds specific warnings about the potential risks of consuming these beverages.
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Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8412
IN THE HOUSE OF REPRESENTATIVES
A BILL
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.
The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (in this section referred to as the Secretary
) shall revise—
section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as infant formula
or use the term formula
in combination with any other term; and
part 102 of title 21, Code of Federal Regulations, so that—
in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall—
use as its common or usual name a descriptive term such as milk-based drink
; and
if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as sweetened
or flavored
;
in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall—
use as its common or usual name an appropriately descriptive term identifying the source of protein, such as soy-based drink powder for 12–36 month olds
; and
if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as sweetened
and flavored
; and
the labeling of a beverage described in subparagraph (A) or (B) shall—
contain a disclaimer that—
cautions against consumption of the beverage by infants, such as DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD
; and
such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as This product contains added sugars. The Dietary Guidelines for Americans recommend avoiding food and beverages with added sugars for children younger than 24 months of age.
; and
not contain any statement suggesting a recommended daily intake of such beverages, such as one cup a day
.
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue proposed regulations to carry out this section.
Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize the regulations proposed pursuant to paragraph (1).
If the Secretary does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline.
The revisions to regulations made pursuant to subsection (a) shall apply beginning on the date that is 3 years after the date of enactment of this Act.