HR 8385
Food Labeling Modernization Act of 2026
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Bill overview
The Food Labeling Modernization Act of 2026 aims to update and strengthen food labeling requirements in the United States. It focuses on improving front-of-package nutrition information, clarifying the use of terms like ‘natural’ and ‘healthy,’ addressing allergen labeling, and regulating the sale of food online. The bill also includes provisions related to ingredient lists, sugar alcohols, and fortification of corn masa flour, with a study on corn masa flour fortification.
Key provisions
- Requires standardized interpretive nutrition information on front-of-package labels.
- Clarifies the use of terms like ‘whole wheat,’ ‘fruit,’ and ‘vegetable’ on food labels to prevent misleading claims.
- Establishes regulations for the use of the terms ‘natural’ and ‘healthy’ on food labels.
- Mandates allergen labeling, including major food allergens and gluten-containing grains.
- Regulates the sale of food online, requiring online retailers to provide the same nutrition information as traditional labels.
- Addresses the declaration of phosphorus in ingredient lists.
- Requires caffeine content to be displayed on information panels.
- Includes a study on the fortification of corn masa flour.
Who is affected
- Food manufacturers and importers
- Consumers
- Retailers
- The Food and Drug Administration
- The Department of Health and Human Services
Notable changes
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119th CONGRESS — 2d Session
H. R. 8385
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes.
.Food Labeling Modernization Act of 2026
The table of contents of this Act is as follows:
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following:
The system shall clearly distinguish between products of greater or lesser nutritional value.
The information shall—
appear in a consistent location on the principal display panels across products;
have a prominent design that visually contrasts with existing packaging design; and
Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following:
the term whole wheat, whole grain, made with whole grain, or multigrain;
a declaration of the whole grain content by weight;
the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or
any similar descriptive phrases, terms, or representations suggesting the product contains whole grains,
unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains.
If, in the case of food other than a dietary supplement, the principal display panel bears—
the term fruit, fruity, froot, frooty, or fruit-flavored;
representations, depictions, or images of such ingredients; or
any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit,
unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit.
If, in the case of food other than a dietary supplement, the principal display panel bears—
the term vegetable or veggie;
representations, depictions, or images of such ingredients; or
any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable,
unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable.
The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable.
In this paragraph, the term nutrient-dense, with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates.
If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt, unless—
the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or
the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk.
The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt.
Secretary) shall submit to Congress a report that—
evaluates whether—
manufacturers have increased the use of low- and no-calorie sweeteners; and
the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and
describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners.
periodically monitor for increased use of low- and no-calorie sweeteners; and
take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences.
Nothing in this section, including any amendment made by this section, shall be construed as—
affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or
restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel.
health-related conditionthe following:
, describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient,.
by redesignating subparagraph (7) as subparagraph (8); and
by inserting after subparagraph (6) the following:
increases to persons in the general population the risk of a disease or health-related condition which is diet relatedand inserting
may not be compatible with maintaining healthy dietary practices.
Section 403(r)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)) is amended by striking clause (B) and inserting the following:
If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient.
In promulgating the regulations required by section 17, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by—
updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels
published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741);
including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A);
eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and
authorizing the use of express and implied low added sugar
claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less).
by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and
by inserting after subclause (iv) the following new subclause:
relating to use of the term natural on the labeling of food (other than a dietary supplement);
specifically addressing the use of such term on the principal display panel and the information panel; and
requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes.
The regulations promulgated pursuant to paragraph (1) shall define the term natural—
to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and
based on data, including data on consumers’ understanding of the term as used in connection with food.
In promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall—
conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural in relation to the term organic; and
fully consider the results of such surveys and studies, as well as such public submissions.
In promulgating the regulations required by section 17, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains.
In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy unless 100 percent of the grains are whole grains.
In promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy, the Secretary of Health and Human Services shall—
consider both food and nutrient criteria; and
if requiring food labeled as healthy
to contain healthful ingredients—
consider only ingredients that make up the core of a healthy eating pattern; and
consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act).
for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and
that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices.
Not later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the Secretary’s enforcement of—
section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i)), including with respect to the regulations described in subsection (a); and
regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 2(b), is further amended by adding at the end the following:
If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless—
the phrase contains phosphorus
, along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or
the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel.
Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i)) is amended—
by striking and (2)
and inserting (2)
;
by striking and if the food purports
and inserting , (3) if the food purports
; and
by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving
after vegetable juice contained in the food
.
Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration’s Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act.
Section 403(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(w)) is amended—
in subparagraph (1)—
in the matter preceding clause (A), by inserting or gluten-containing grain
after major food allergen
;
in clause (A)—
by inserting , or the gluten-containing grain is derived
after is derived
; and
by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i)
and inserting is printed as specified in subparagraph (8)
; and
by inserting or gluten-containing grain
after of the major food allergen
;
by striking in the list of ingredients required under subsections (g) and (i)
and inserting as so printed
; and
by inserting or the gluten-containing grain is derived,
after is derived,
;
in subclause (i), by inserting , or the gluten-containing grain is derived
after is derived
; and
in subclause (ii)—
, or the gluten-containing grain is derived,after
is derived; and
by striking not a major food allergen under section 201(qq)(2)(A) or (B)
and inserting the following:
a gluten-containing grain.
in subparagraph (3), by striking The information
and inserting Subject to subparagraph (8)(B), the information
;
in subparagraph (4), by inserting or gluten-containing grain
after major food allergen
;
in subparagraph (7)—
in clause (A)—
by striking paragraph (6)
and inserting subparagraph (6)
; and
by striking allergen labeling requirements of this subsection
and inserting allergen and gluten-containing grain labeling requirements of this paragraph
; and
in clause (B), by inserting or gluten-containing grain
after major food allergen
; and
by adding at the end the following:
in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item).
Section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) is amended—
gluten-containing grains,after
allergens,; and
and gluten-containing grainafter
allergen.
and gluten-containing grainsafter
allergenseach place it appears.
The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act (21 U.S.C. 343–3) the following:
the ingredients list;
an image of the principal display panel;
claims under section 403(r)(1)(A) (commonly known as nutrient-content claims
);
claims under section 403(r)(1)(B) (commonly known as health-related claims
); and
is available to the public through the website of the Food and Drug Administration; and
review standards of identity prescribed by regulation which require foods to contain—
minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or
minimum levels of ingredients containing high levels of such nutrients; and
report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review.
In promulgating the regulations required by section 17, the Secretary of Health and Human Services shall amend standards of identity regulations to—
provide for the use of salt substitutes where appropriate; and
require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram.
Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid
published by the Food and Drug Administration on April 15, 2016 (81 Fed. Reg. 22176), on folic acid intake in the United States population by race and ethnicity, comparing actual exposure with modeled exposure estimates from the final rule.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 6, is further amended by adding at the end the following:
The Secretary of Health and Human Services shall—
not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to—
set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and
not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations.
The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. Such regulations shall include—
appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page;
appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and
Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding.
Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:
food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding—
food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or
food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or
any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act.
The term synthetic, with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes.
The term gluten-containing grains means any one of the following grains (or any crossbred hybrid thereof):
Wheat, including any species belonging to the genus Triticum.
Rye, including any species belonging to the genus Secale.
Barley, including any species belonging to the genus Hordeum.
naturally occur in a gluten-containing grain; and
may cause adverse health effects in persons with celiac disease.
The term online means on or by any system of data communication and transmission, such as the internet.
The term online point of selection means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications.
If the Secretary of Health and Human Services 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.