Childhood Diabetes Reduction Act of 2026

Reproduced from the official legislative record. Confirm the current text and status at the official source.

II Calendar No. 531 119TH CONGRESS 2D SESSION S. 5026 To require warning labels on sugar-sweetened foods and beverages, foods and beverages containing high-intensity sweeteners, ultra-processed foods, and foods high in nutrients of concern, such as added sugar, saturated fat, or sodium, to restrict junk food advertising to children. IN THE SENATE OF THE UNITED STATES JULY 16, 2026 Mr. SANDERS introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions JULY 28, 2026 Reported by Mr. CASSIDY, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To require warning labels on sugar-sweetened foods and bev- erages, foods and beverages containing high-intensity sweeteners, ultra-processed foods, and foods high in nu- trients of concern, such as added sugar, saturated fat, or sodium, to restrict junk food advertising to children.

Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled,2 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 5026 RS SECTION 1. SHORT TITLE; TABLE OF CONTENTS.1 (a) SHORT TITLE.—This Act may be cited as the2 ‘‘Childhood Diabetes Reduction Act of 2026’’.3 (b) TABLE OF CONTENTS.—The table of contents for4 this Act is as follows:5 Sec. 1. Short title; table of contents. TITLE I—DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 101. Health warning labeling of foods; restriction on certain advertise- ments directed at children. Sec. 102. National Institutes of Health research on nutrition science. Sec. 103. Nutrition and physical activity public education campaign. TITLE II—FEDERAL TRADE COMMISSION Sec. 201. Definitions. Sec. 202. Restrictions on advertisements for junk food directed at children; re- quired disclosure of any health and nutrient warning label in advertisements.

Sec. 203. Restoring the Federal Trade Commission’s ability to promulgate rules on children’s advertising. TITLE I—DEPARTMENT OF6 HEALTH AND HUMAN SERVICES7 SEC. 101. HEALTH WARNING LABELING OF FOODS; RE-8 STRICTION ON CERTAIN ADVERTISEMENTS9 DIRECTED AT CHILDREN.10 (a) FRONT OF PACKAGE NUTRITION LABELING.—11 Section 403 of the Federal Food, Drug, and Cosmetic Act12 (21 U.S.C. 343) is amended—13 (1) by adding at the end the following:14 ‘‘(z)(1) If it is a sugar-sweetened beverage intended15 for human consumption and is offered for sale, unless its16 label includes the following statement: ‘Food and Drug17 Administration Warning: Drinking beverages with added18 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 5026 RS sugar can contribute to obesity, type 2 diabetes, and tooth1 decay. Not recommended for children.’, and such state-2 ment is—3 ‘‘(A) enclosed by a rectangular border in bold4 type and readily legible under ordinary conditions5 alongside an icon comprised of an exclamation point6 contained within a triangle; and7 ‘‘(B) prominently displayed on the front, or the8 principal display, of the container, using not less9 than 5 percent of the area of the front, or the prin-10 cipal display, of the container, and, as applicable, on11 2 sides of any multi-pack packaging.12 ‘‘(2) If it is a food, including a beverage, containing13 any high-intensity sweetener intended for human con-14 sumption and is offered for sale, unless its label includes15 the following statement: ‘Food and Drug Administration16 Warning: Contains high-intensity sweetener. Not rec-17 ommended for children.’, and such statement is—18 ‘‘(A) enclosed by a rectangular border in bold19 type and readily legible under ordinary conditions20 alongside an icon comprised of an exclamation point21 contained within a triangle; and22 ‘‘(B) prominently displayed on the front, or the23 principal display, of the container, using not less24 than 5 percent of the area of the front, or the prin-25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 5026 RS cipal display, of the container, and, as applicable, on1 2 sides of any multi-pack packaging.2 ‘‘(3) If it is an ultra-processed food, including a bev-3 erage, intended for human consumption and is offered for4 sale, unless its label includes the following statement:5 ‘Food and Drug Administration Warning: Consuming6 ultra-processed foods and drinks can cause weight gain,7 which increases the risk of obesity and type 2 diabetes.’,8 and such statement is—9 ‘‘(A) enclosed by a rectangular border in bold10 type and readily legible under ordinary conditions11 alongside an icon comprised of an exclamation point12 contained within a triangle; and13 ‘‘(B) prominently displayed on the front, or the14 principal display, of the container, using not less15 than 5 percent of the area of the front, or the prin-16 cipal display, of the container, and, as applicable, on17 2 sides of any multi-pack packaging.18 ‘‘(4) If it is a food, including a beverage, intended19 for human consumption and is offered for sale, and such20 food contains a nutrient of concern, such as added sugar,21 saturated fat, or sodium, or any other nutrient of concern,22 as the Secretary determines appropriate, at a level that23 increases, for individuals in the general population, the24 risk of disease or a health-related condition, as defined25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 5026 RS by the Secretary, unless its label includes the following1 statement for each nutrient of concern: ‘High in’, followed2 by the specific nutrient of concern, and such statement3 is—4 ‘‘(A) enclosed by an octagon border in bold type5 and readily legible under ordinary conditions; and6 ‘‘(B) prominently displayed on the front, or the7 principal display, of the container, using not less8 than 5 percent of the area of the front, or the prin-9 cipal display, of the container, and, as applicable, on10 2 sides of any multi-pack packaging.11 ‘‘(5) The Secretary shall promulgate regulations to12 apply the labeling requirements under subparagraphs (1),13 (2), (3), and (4) with respect to food offered for sale by14 online retailers.15 ‘‘(6) For purposes of this paragraph—16 ‘‘(A) the term ‘high-intensity sweetener’—17 ‘‘(i) means any synthetic, naturally occur-18 ring, or modified non-nutritive sweetener that is19 not classified as sugar and is used as an ingre-20 dient in manufactured food, or sold on its own21 to be added to food; and22 ‘‘(ii) includes acesulfame K, aspartame,23 advantame, cyclamates, monk fruit, neotame,24 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 5026 RS saccharin, sucralose, stevia, and stevia deriva-1 tives;2 ‘‘(B) the term ‘sugar-sweetened beverage’—3 ‘‘(i) means any beverage intended for4 human consumption to which one or more ca-5 loric sweeteners has been added and that con-6 tains 25 or more calories per 12 fluid ounces of7 beverage; and8 ‘‘(ii) includes drinks and beverages com-9 monly referred to as ‘soda’, ‘pop’, ‘cola’, ‘soft10 drinks’, ‘sports drinks’, ‘energy drinks’,11 ‘slushies’, ‘sweetened ice tea’, ‘fruit juice’, or12 any other drinks and beverage, as determined13 by the Secretary; and14 ‘‘(iii) does not include—15 ‘‘(I) infant formula;16 ‘‘(II) any beverage for medical use;17 ‘‘(III) any beverage designed as sup-18 plemental, meal replacement, or sole-source19 nutrition that includes proteins, carbo-20 hydrates, and multiple vitamins and min-21 erals;22 ‘‘(IV) any milk product;23 ‘‘(V) 100 percent natural fruit or veg-24 etable juice; or25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 5026 RS ‘‘(VI) any alcoholic beverage; and1 ‘‘(C) the term ‘ultra-processed food’—2 ‘‘(i) means a food, including a beverage,3 containing one or more industrial ingredients,4 including surface-active agents, stabilizers and5 thickeners, propellants, aerating agents and6 gases, color and coloring adjuncts, emulsifiers7 and emulsifier salts, flavoring agents and adju-8 vants, flavor enhancers, surface-finishing, high-9 intensity sweeteners, and other ingredients, as10 the Secretary determines appropriate; and11 ‘‘(ii) does not include—12 ‘‘(I) any product that meets the defi-13 nition of ‘healthy’ set forth in current reg-14 ulations promulgated by the Food and15 Drug Administration; or16 ‘‘(II) infant formula.’’; and17 (2) in paragraph (r)—18 (A) in subparagraph (2)(A)(vi), by insert-19 ing ‘‘, including if the Secretary determines20 that the food is high in added sugar, saturated21 fat, sodium, or any other nutrient of concern22 (as determined by the Secretary pursuant to23 paragraph (z)(4)), or if the food contains high-24 intensity sweetener or is an ultra-processed food25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 5026 RS (as defined in paragraph (z)(6)(C))’’ before the1 period at the end; and2 (B) in subparagraph (3)(A)—3 (i) in subclause (i), by striking ‘‘,4 and’’ and inserting a semicolon;5 (ii) in subclause (ii), by striking the6 period and inserting ‘‘; and’’; and7 (iii) by adding at the end the fol-8 lowing:9 ‘‘(iii) if the food is not required to include a nu-10 trition warning label under subparagraph (1), (2),11 (3), or (4) of paragraph (z).’’.12 (b) ADVERTISING.—Section 301 of the Federal Food,13 Drug, and Cosmetic Act (21 U.S.C. 331) is amended by14 adding at the end the following:15 ‘‘(jjj)(1) Marketing or advertising a food for which16 labeling is required under section 403(z), in a manner that17 reasonably appears to be directed at children.18 ‘‘(2) In determining whether any marketing or adver-19 tising reasonably appears to be directed to children for20 purposes of subparagraph (1), the Secretary shall consider21 the totality of the circumstances, including whether such22 marketing or advertising uses themes or promotional23 strategies for food described in section 403(z) that appeal24 to children, such as the use of fun or fantasy themes, ath-25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 5026 RS letes and celebrities, cross-promotions using fictional char-1 acters, cartoon characters, social media influencers, ani-2 mation, children’s music, actors, or situations representing3 children’s daily life, or free gifts or toys, contests, inter-4 active games, or mobile or computer applications.’’.5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is6 authorized to be appropriated to the Secretary of Health7 and Human Services $5,000,000 for each of fiscal years8 2027 through 2031 for purposes of promulgating regula-9 tions and carrying out enforcement activities with respect10 to the labeling requirements under the amendments made11 by subsections (a) and (b).12 (d) EFFECTIVE DATE.—The amendments made by13 this section shall take effect 1 year after the date of enact-14 ment of this Act.15 SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH16 ON NUTRITION SCIENCE.17 Part A of title IV of the Public Health Service Act18 (42 U.S.C. 281 et seq.) is amended by adding at the end19 the following:20 ‘‘SEC. 404P. RESEARCH AND COLLABORATION ON NUTRI-21 TION SCIENCE.22 ‘‘(a) IN GENERAL.—The Director of NIH shall ex-23 pand, intensify, and coordinate programs, such as the Nu-24 trition Regulatory Science Program, for the conduct and25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 5026 RS support of research with respect to nutrition science, in-1 cluding research on—2 ‘‘(1) the health effects of ultra-processed foods3 on consumers;4 ‘‘(2) the specific food and beverage ingredients,5 additives, sweeteners, and chemicals within ultra-6 processed foods that may be harmful to health;7 ‘‘(3) the safety profile of food and beverage in-8 gredients, additives, sweeteners, and chemicals that9 have been self-affirmed by food and beverage manu-10 facturers as generally recognized as safe without re-11 view of such status by the Food and Drug Adminis-12 tration; and13 ‘‘(4) the formulation of ultra-processed foods to14 have hyper-palatable qualities and association with15 addiction.16 ‘‘(b) MEETINGS ON NUTRITION.—17 ‘‘(1) IN GENERAL.—Not later than 1 year after18 the date of enactment of the Childhood Diabetes Re-19 duction Act of 2026, and every 5 years thereafter,20 the Director of NIH, in coordination with the Com-21 missioner of Food and Drugs and the heads of other22 agencies, as appropriate, shall convene a public23 meeting for the purpose of discussing research ef-24 forts aimed at improving nutrition and reducing the25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 5026 RS incidence of diet-related chronic disease, with the1 goal of informing Federal policy.2 ‘‘(2) PARTICIPANTS.—3 ‘‘(A) IN GENERAL.—Each meeting under4 paragraph (1) shall involve a diverse group of5 stakeholders, including food scientists and re-6 searchers, registered dietitians and nutrition-7 ists, clinicians specializing in nutrition-related8 diseases, Federal stakeholders, and nongovern-9 mental organizations focused on nutrition and10 health.11 ‘‘(B) CONSIDERATION.—In selecting stake-12 holders described in subparagraph (A) for par-13 ticipation in each meeting under paragraph (1),14 the Director of NIH shall ensure that stake-15 holders who are speaking at the meeting have16 no financial affiliation with manufacturers of17 ultra-processed food.18 ‘‘(3) TOPICS.—Each meeting under paragraph19 (1) shall include discussion of—20 ‘‘(A) current research findings related to21 nutrition and chronic disease, including the im-22 pact of food labeling requirements under section23 403(z) of the Federal Food, Drug, and Cos-24 metic Act;25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 5026 RS ‘‘(B) any gaps in such research and prior-1 ities for future research;2 ‘‘(C) evidence-based practices for improv-3 ing nutrition and innovative approaches to pre-4 vent and manage chronic conditions through di-5 etary innovations; and6 ‘‘(D) such other topics as the Director of7 NIH determines appropriate.8 ‘‘(4) REPORT TO CONGRESS.—The Director9 NIH, in coordination with the Commissioner of10 Food and Drugs, shall submit a report on each11 meeting under paragraph (1) to the Committee on12 Health, Education, Labor, and Pensions of the Sen-13 ate and the Committee on Energy and Commerce of14 the House of Representatives, and shall make each15 such report publicly available on the website of the16 National Institutes of Health.17 ‘‘(c) DEFINITION.—In this section, the term ‘ultra-18 processed food’ has the meaning given such term in sec-19 tion 403(z)(6) of the Federal Food, Drug, and Cosmetic20 Act.21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the22 purpose of carrying out this section, there are authorized23 to be appropriated $60,000,000 for each fiscal years 202724 through 2031.’’.25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 5026 RS SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC1 EDUCATION CAMPAIGN.2 Title III of the Public Health Service Act (42 U.S.C.3 241 et seq.) is amended by striking section 399Y and in-4 serting the following:5 ‘‘SEC. 399Y. NUTRITION AND PHYSICAL ACTIVITY PUBLIC6 EDUCATION CAMPAIGN.7 ‘‘(a) IN GENERAL.—The Secretary, acting through8 the Director of the Centers for Disease Control and Pre-9 vention, and in collaboration with national, State, Tribal,10 and local partners, physical activity organizations, nutri-11 tion experts, physical activity experts, health professional12 organizations, and other organizations, as appropriate,13 shall develop a national public campaign to educate the14 public, including adults, children, and caregivers, con-15 cerning—16 ‘‘(1) how to read and understand the nutrient17 warning labels required under subparagraphs (1)18 through (4) of section 403(z) of the Federal Food,19 Drug, and Cosmetic Act;20 ‘‘(2) the health risks associated with obesity, in-21 activity, and poor nutrition, including consumption22 of foods described in subparagraphs (1) through (4)23 of section 403(z) of the Federal Food, Drug, and24 Cosmetic Act;25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 5026 RS ‘‘(3) ways to incorporate physical activity into1 daily living;2 ‘‘(4) ways to support a healthy lifestyle and re-3 duce the risk of chronic illness, including obesity;4 ‘‘(5) the benefits of good nutrition; and5 ‘‘(6) strategies to improve eating and drinking6 habits, such as identifying and selecting healthier7 food choices and reducing consumption of added8 sugars, saturated fat, and sodium.9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There10 are authorized to be appropriated to carry out this section11 $10,000,000 for each of the fiscal years 2027 through12 2031.’’.13 TITLE II—FEDERAL TRADE14 COMMISSION15 SEC. 201. DEFINITIONS.16 In this title:17 (1) CHILD.—The term ‘‘child’’ means an indi-18 vidual who is under the age of 13.19 (2) CHILD-DIRECTED ADVERTISING.—The term20 ‘‘child-directed advertising’’ means any advertise-21 ment—22 (A) that uses themes or promotional strat-23 egies that appeal to children, which may include24 the use of—25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 5026 RS (i) fun or fantasy themes, cartoon1 characters, social media influencers, ani-2 mation, endorsements by celebrities and3 athletes, cross-promotions using fictional4 characters, children’s music, actors, or sit-5 uations representing children’s daily life; or6 (ii) free gifts or toys, contests, inter-7 active games, or mobile or computer appli-8 cations; or9 (B) in media for which children comprise10 at least 30 percent of the audience, as deter-11 mined by the Commission, that is displayed12 using—13 (i) traditional measured media, such14 as television, radio, and printed media; or15 (ii) electronic media, content created16 by influencers, online videos, company-17 sponsored websites, social media, movies,18 and video games.19 (3) COMMISSION.—The term ‘‘Commission’’20 means the Federal Trade Commission.21 (4) JUNK FOOD.—The term ‘‘junk food’’ means22 products with labeling requirements described in23 subparagraph (1), (2), (3), or (4) of paragraph (z)24 of section 403 of the Federal Food, Drug, and Cos-25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 5026 RS metic Act (21 U.S.C. 343), as added by section1 101(a) of this Act.2 SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK3 FOOD DIRECTED AT CHILDREN; REQUIRED4 DISCLOSURE OF ANY HEALTH AND NUTRIENT5 WARNING LABEL IN ADVERTISEMENTS.6 (a) MARKETING OR ADVERTISING JUNK FOOD TO7 CHILDREN.—8 (1) IN GENERAL.—It shall be unlawful for any9 person to market or advertise, or produce or dis-10 tribute any advertisement or marketing material for,11 junk food by using child-directed advertising.12 (2) CONSIDERATIONS.—In determining whether13 any marketing or advertising uses child-directed ad-14 vertising for purposes of subparagraph (A), the15 Commission shall consider the totality of the cir-16 cumstances.17 (b) REQUIRED DISCLOSURE.—It shall be unlawful18 for any person to market or advertise, or produce or dis-19 tribute any advertisement or marketing material for, junk20 food without including in such advertisement or marketing21 material the relevant mandatory health or nutrient warn-22 ing label or notice described in section 403(z) of the Fed-23 eral Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).24 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 5026 RS (c) EFFECTIVE DATE.—The prohibitions established1 in this section shall take effect on the date that is 1 year2 after the date of enactment of this Act.3 (d) ENFORCEMENT BY THE COMMISSION.—4 (1) UNFAIR OR DECEPTIVE ACT OR PRAC-5 TICE.—A violation of this section or a regulation6 promulgated under this section shall be treated as a7 violation of a rule defining an unfair or deceptive act8 or practice under section 18(a)(1)(B) of the Federal9 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).10 (2) POWERS OF THE COMMISSION.—11 (A) IN GENERAL.—Except as provided in12 subparagraph (C), the Commission shall enforce13 this section in the same manner, by the same14 means, and with the same jurisdiction, powers,15 and duties as though all applicable terms and16 provisions of the Federal Trade Commission17 Act (15 U.S.C. 41 et seq.) were incorporated18 into and made a part of this section.19 (B) PRIVILEGES AND IMMUNITIES.—Ex-20 cept as provided in subparagraph (C), any per-21 son who violates this section or a regulation22 promulgated under this section shall be subject23 to the penalties and entitled to the privileges24 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 5026 RS and immunities provided in the Federal Trade1 Commission Act (15 U.S.C. 41 et seq.).2 (C) COMMON CARRIERS.—Notwithstanding3 section 4, 5(a)(2), or 6 of the Federal Trade4 Commission Act (15 U.S.C. 44, 45(a)(2), 46)5 or any jurisdictional limitation of the Commis-6 sion, the Commission shall also enforce this7 Act, in the same manner provided in subpara-8 graphs (A) and (B), with respect to common9 carriers subject to the Communications Act of10 1934 (47 U.S.C. 151 et seq.) and Acts amend-11 atory thereof and supplementary thereto.12 (D) AUTHORITY PRESERVED.—Nothing in13 this section shall be construed to limit the au-14 thority of the Commission under any other pro-15 vision of law.16 (E) RULEMAKING.—The Commission shall17 promulgate in accordance with section 553 of18 title 5, United States Code, such rules as may19 be necessary to carry out this section.20 SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION’S21 ABILITY TO PROMULGATE RULES ON CHIL-22 DREN’S ADVERTISING.23 (a) IN GENERAL.—Section 18(h) of the Federal24 Trade Commission Act (15 U.S.C. 57a(h)) is repealed.25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 5026 RS (b) CONFORMING AMENDMENT.—Section 18(a)(1) of1 such Act is amended in the matter preceding subpara-2 graph (A), by striking ‘‘Except as provided in subsection3 (h), the Commission’’ and inserting ‘‘The Commission’’.4

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.5 (a) SHORT TITLE.—This Act may be cited as the6 ‘‘Childhood Diabetes Reduction Act of 2026’’.7 (b) TABLE OF CONTENTS.—The table of contents for8 this Act is as follows:9 Sec. 1. Short title; table of contents. TITLE I—DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 101. Front of package nutrition labeling of foods; restriction on certain ad- vertisements directed at children. Sec. 102. National Institutes of Health research on nutrition science. Sec. 103. Nutrition and physical activity public education campaign. TITLE II—FEDERAL TRADE COMMISSION Sec. 201. Definitions. Sec. 202. Restrictions on advertisements for junk food directed at children; re- quired disclosure of any health and nutrient warning label in advertisements.

Sec. 203. Restoring the Federal Trade Commission’s ability to promulgate rules on children’s advertising. TITLE I—DEPARTMENT OF10 HEALTH AND HUMAN SERVICES11 SEC. 101. FRONT OF PACKAGE NUTRITION LABELING OF12 FOODS; RESTRICTION ON CERTAIN ADVER-13 TISEMENTS DIRECTED AT CHILDREN.14 (a) FRONT OF PACKAGE NUTRITION LABELING.—Sec-15 tion 403 of the Federal Food, Drug, and Cosmetic Act (2116 U.S.C. 343) is amended—17 (1) by adding at the end the following:18 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 5026 RS ‘‘(z)(1) If it is a sugar-sweetened beverage intended for1 human consumption and is offered for sale, unless its label2 includes the following statement: ‘Food and Drug Adminis-3 tration Warning: Drinking beverages with added sugar can4 contribute to obesity, type 2 diabetes, and tooth decay. Not5 recommended for children.’, and such statement is—6 ‘‘(A) enclosed by a rectangular border in bold7 type and readily legible under ordinary conditions8 alongside an icon comprised of an exclamation point9 contained within a triangle; and10 ‘‘(B) prominently displayed on the front, or the11 principal display, of the container, using not less12 than 5 percent of the area of the front, or the prin-13 cipal display, of the container, and, as applicable, on14 2 sides of any multi-pack packaging.15 ‘‘(2) If it is a food, including a beverage, containing16 any high-intensity sweetener intended for human consump-17 tion and is offered for sale, unless its label includes the fol-18 lowing statement: ‘Food and Drug Administration Warn-19 ing: Contains high-intensity sweetener. Not recommended20 for children.’, and such statement is—21 ‘‘(A) enclosed by a rectangular border in bold22 type and readily legible under ordinary conditions23 alongside an icon comprised of an exclamation point24 contained within a triangle; and25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 5026 RS ‘‘(B) prominently displayed on the front, or the1 principal display, of the container, using not less2 than 5 percent of the area of the front, or the prin-3 cipal display, of the container, and, as applicable, on4 2 sides of any multi-pack packaging.5 ‘‘(3) If it is an ultra-processed food, including a bev-6 erage, intended for human consumption and is offered for7 sale, unless its label includes the following statement: ‘Food8 and Drug Administration Warning: Consuming ultra-proc-9 essed foods and drinks can cause weight gain, which in-10 creases the risk of obesity and type 2 diabetes.’, and such11 statement is—12 ‘‘(A) enclosed by a rectangular border in bold13 type and readily legible under ordinary conditions14 alongside an icon comprised of an exclamation point15 contained within a triangle; and16 ‘‘(B) prominently displayed on the front, or the17 principal display, of the container, using not less18 than 5 percent of the area of the front, or the prin-19 cipal display, of the container, and, as applicable, on20 2 sides of any multi-pack packaging.21 ‘‘(4) If it is a food, including a beverage, intended for22 human consumption and is offered for sale, and such food23 contains a nutrient of concern, such as added sugar, satu-24 rated fat, or sodium, or any other nutrient of concern, as25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •S 5026 RS the Secretary determines appropriate, at a level that in-1 creases, for individuals in the general population, the risk2 of disease or a health-related condition, as defined by the3 Secretary, unless its label includes the following statement4 for each nutrient of concern: ‘High in’, followed by the spe-5 cific nutrient of concern, and such statement is—6 ‘‘(A) enclosed by an octagonal border in bold7 type and readily legible under ordinary conditions;8 and9 ‘‘(B) prominently displayed on the front, or the10 principal display, of the container, using not less11 than 5 percent of the area of the front, or the prin-12 cipal display, of the container, and, as applicable, on13 2 sides of any multi-pack packaging.14 ‘‘(5) For purposes of this paragraph—15 ‘‘(A) the term ‘high-intensity sweetener’—16 ‘‘(i) means any synthetic, naturally occur-17 ring, or modified non-nutritive sweetener that is18 not classified as sugar and is used as an ingre-19 dient in manufactured food, or sold on its own20 to be added to food; and21 ‘‘(ii) includes acesulfame K, aspartame,22 advantame, cyclamates, monk fruit, neotame,23 saccharin, sucralose, stevia, and stevia deriva-24 tives;25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •S 5026 RS ‘‘(B) the term ‘sugar-sweetened beverage’—1 ‘‘(i) means any beverage intended for2 human consumption to which one or more ca-3 loric sweeteners has been added and that con-4 tains 25 or more calories per 12 fluid ounces of5 beverage; and6 ‘‘(ii) includes drinks and beverages com-7 monly referred to as ‘soda’, ‘pop’, ‘cola’, ‘soft8 drinks’, ‘sports drinks’, ‘energy drinks’, ‘slushies’,9 ‘sweetened ice tea’, ‘fruit juice’, or any other10 drinks and beverage, as determined by the Sec-11 retary; and12 ‘‘(iii) does not include—13 ‘‘(I) any critical food, as defined in14 section 201(ss);15 ‘‘(II) any beverage designed as supple-16 mental, meal replacement, or sole-source nu-17 trition that includes proteins, carbo-18 hydrates, and multiple vitamins and min-19 erals;20 ‘‘(III) 100 percent natural fruit or veg-21 etable juice;22 ‘‘(IV) any alcoholic beverage; or23 ‘‘(V) any other product that the Sec-24 retary determines appropriate; and25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •S 5026 RS ‘‘(C) the term ‘ultra-processed food’—1 ‘‘(i) means a food, including a beverage,2 containing one or more industrial ingredients,3 including surface-active agents, stabilizers and4 thickeners, propellants, aerating agents and5 gases, color and coloring adjuncts, emulsifiers6 and emulsifier salts, flavoring agents and adju-7 vants, flavor enhancers, surface-finishing, high-8 intensity sweeteners, and other ingredients, as9 the Secretary determines appropriate; and10 ‘‘(ii) does not include—11 ‘‘(I) any product that meets the defini-12 tion of ‘healthy’ set forth in current regula-13 tions promulgated by the Food and Drug14 Administration;15 ‘‘(II) any critical food, as defined in16 section 201(ss); or17 ‘‘(III) any other product that the Sec-18 retary determines appropriate.19 ‘‘(6) The Secretary shall promulgate regulations, as20 appropriate, with respect to the labeling requirements under21 subparagraphs (1), (2), (3), and (4), which may include—22 ‘‘(A) information on minimum font size, spacing23 in comparison to other required statements, and steps24 to comply for products with small packaging;25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •S 5026 RS ‘‘(B) information on how the labeling require-1 ments may be applied to online retailers; and2 ‘‘(C) additional information the Secretary deter-3 mines to be necessary to assist with compliance with4 the labeling requirements.’’; and5 (2) in paragraph (r)(2)(A)(vi), by inserting ‘‘,6 including if the Secretary determines that the food is7 high in added sugar, saturated fat, sodium, or any8 other nutrient of concern (as determined by the Sec-9 retary pursuant to paragraph (z)(4)), or if the food10 contains high-intensity sweetener or is an ultra-proc-11 essed food (as defined in paragraph (z)(5)(C))’’ before12 the period at the end.13 (b) ADVERTISING.—Section 301 of the Federal Food,14 Drug, and Cosmetic Act (21 U.S.C. 331) is amended by15 adding at the end the following:16 ‘‘(jjj)(1) Marketing or advertising a food for which la-17 beling is required under section 403(z), in a manner that18 reasonably appears to be directed at children.19 ‘‘(2) In determining whether any marketing or adver-20 tising reasonably appears to be directed to children for pur-21 poses of subparagraph (1), the Secretary shall consider the22 totality of the circumstances, including whether such mar-23 keting or advertising uses themes or promotional strategies24 for food described in section 403(z) that appeal to children,25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 26 •S 5026 RS such as the use of fun or fantasy themes, athletes and celeb-1 rities, cross-promotions using fictional characters, cartoon2 characters, social media influencers, animation, children’s3 music, actors, or situations representing children’s daily4 life, or free gifts or toys, contests, interactive games, or mo-5 bile or computer applications.’’.6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is7 authorized to be appropriated to the Secretary of Health8 and Human Services such sums as may be necessary for9 each of fiscal years 2027 through 2031 for purposes of pro-10 mulgating regulations and carrying out enforcement activi-11 ties with respect to the labeling requirements under the12 amendments made by subsections (a) and (b).13 (d) EFFECTIVE DATE.—The amendments made by this14 section shall take effect 1 year after the date of enactment15 of this Act.16 SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH ON17 NUTRITION SCIENCE.18 Part A of title IV of the Public Health Service Act19 (42 U.S.C. 281 et seq.) is amended by adding at the end20 the following:21 ‘‘SEC. 404P. RESEARCH AND COLLABORATION ON NUTRI-22 TION SCIENCE.23 ‘‘(a) IN GENERAL.—The Director of NIH shall, as ap-24 propriate, expand, intensify, and coordinate the activities25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 27 •S 5026 RS of the National Institutes of Health with respect to nutri-1 tion science, including basic and clinical research on—2 ‘‘(1) the effects of food and dietary patterns, in-3 cluding ultra-processed foods, on health;4 ‘‘(2) the effects of food processing, formulation,5 ingredients, and additives on health and food con-6 sumption;7 ‘‘(3) the biological and health effects of food in-8 gredients and additives, including research to address9 gaps in available evidence;10 ‘‘(4) the effects of food formulation and proc-11 essing on eating behavior, energy intake, and patterns12 of consumption, including relevant biological and be-13 havioral mechanisms; and14 ‘‘(5) evidence-based approaches to improve nutri-15 tion and prevent or manage chronic disease related to16 diet.17 ‘‘(b) COORDINATION AND STAKEHOLDER INPUT.—In18 carrying out this section, the Director of NIH shall coordi-19 nate, as appropriate, with the Commissioner of Food and20 Drugs and the heads of other relevant Federal agencies, and21 may consult with researchers, clinicians, patients, and22 other relevant stakeholders.23 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 28 •S 5026 RS ‘‘(c) DEFINITION.—In this section, the term ‘ultra-1 processed food’ has the meaning given such term in section2 403(z)(5) of the Federal Food, Drug, and Cosmetic Act.’’.3 SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC4 EDUCATION CAMPAIGN.5 Section 399Y of the Public Health Service Act (426 U.S.C. 280h–2) is amended—7 (1) in the section heading, by inserting ‘‘NUTRI-8 TION AND PHYSICAL ACTIVITY PUBLIC’’ before9 ‘‘EDUCATION CAMPAIGN’’;10 (2) in subsection (a), by striking ‘‘, and in col-11 laboration with’’ and all that follows through the pe-12 riod at the end and inserting ‘‘and in coordination13 with the Office of the Assistant Secretary of Health,14 shall, as appropriate, conduct or support public edu-15 cation activities concerning nutrition, physical activ-16 ity, and the prevention of chronic disease related to17 diet.’’;18 (3) by redesignating subsection (b) as subsection19 (d);20 (4) by inserting after subsection (a) the fol-21 lowing:22 ‘‘(b) ACTIVITIES.—Activities conducted or supported23 under subsection (a) may include the dissemination of evi-24 dence-based information concerning—25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 29 •S 5026 RS ‘‘(1) the health risks associated with obesity, in-1 activity, and poor nutrition;2 ‘‘(2) the relationship between nutrition, physical3 activity, and chronic disease;4 ‘‘(3) the use of nutrition information, including5 information provided on food labels, to inform dietary6 choices; and7 ‘‘(4) strategies to support healthy eating and8 physical activity.9 ‘‘(c) COORDINATION.—In carrying out this section, the10 Secretary may coordinate with other relevant Federal agen-11 cies and consult with State, local, and Tribal public health12 agencies, health professionals, and other relevant stake-13 holders, as appropriate.’’; and14 (5) in subsection (d), as so redesignated, by15 striking ‘‘2001 through 2005’’ and inserting ‘‘202716 through 2031’’.17 TITLE II—FEDERAL TRADE18 COMMISSION19 SEC. 201. DEFINITIONS.20 In this title:21 (1) CHILD.—The term ‘‘child’’ means an indi-22 vidual who is under the age of 13.23 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 30 •S 5026 RS (2) CHILD-DIRECTED ADVERTISING.—The term1 ‘‘child-directed advertising’’ means any advertise-2 ment—3 (A) that uses themes or promotional strate-4 gies that appeal to children, which may include5 the use of—6 (i) fun or fantasy themes, cartoon7 characters, social media influencers, anima-8 tion, endorsements by celebrities and ath-9 letes, cross-promotions using fictional char-10 acters, children’s music, actors, or situa-11 tions representing children’s daily life; or12 (ii) free gifts or toys, contests, inter-13 active games, or mobile or computer appli-14 cations; or15 (B) in media for which children comprise16 at least 30 percent of the audience, as determined17 by the Commission, that is displayed using—18 (i) traditional measured media, such19 as television, radio, and printed media; or20 (ii) electronic media, content created21 by influencers, online videos, company-22 sponsored websites, social media, movies,23 and video games.24 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 31 •S 5026 RS (3) COMMISSION.—The term ‘‘Commission’’1 means the Federal Trade Commission.2 (4) JUNK FOOD.—The term ‘‘junk food’’ means3 products with labeling requirements described in sub-4 paragraph (1), (2), (3), or (4) of paragraph (z) of sec-5 tion 403 of the Federal Food, Drug, and Cosmetic Act6 (21 U.S.C. 343), as added by section 101(a) of this7 Act.8 SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK9 FOOD DIRECTED AT CHILDREN; REQUIRED10 DISCLOSURE OF ANY HEALTH AND NUTRIENT11 WARNING LABEL IN ADVERTISEMENTS.12 (a) MARKETING OR ADVERTISING JUNK FOOD TO13 CHILDREN.—14 (1) IN GENERAL.—It shall be unlawful for any15 person to market or advertise, or produce or dis-16 tribute any advertisement or marketing material for,17 junk food by using child-directed advertising.18 (2) CONSIDERATIONS.—In determining whether19 any marketing or advertising uses child-directed ad-20 vertising for purposes of subparagraph (A), the Com-21 mission shall consider the totality of the cir-22 cumstances.23 (b) REQUIRED DISCLOSURE.—It shall be unlawful for24 any person to market or advertise, or produce or distribute25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 32 •S 5026 RS any advertisement or marketing material for, junk food1 without including in such advertisement or marketing ma-2 terial the relevant mandatory health or nutrient warning3 label or notice described in section 403(z) of the Federal4 Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).5 (c) EFFECTIVE DATE.—The prohibitions established in6 this section shall take effect on the date that is 1 year after7 the date of enactment of this Act.8 (d) ENFORCEMENT BY THE COMMISSION.—9 (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—10 A violation of this section or a regulation promul-11 gated under this section shall be treated as a violation12 of a rule defining an unfair or deceptive act or prac-13 tice under section 18(a)(1)(B) of the Federal Trade14 Commission Act (15 U.S.C. 57a(a)(1)(B)).15 (2) POWERS OF THE COMMISSION.—16 (A) IN GENERAL.—Except as provided in17 subparagraph (C), the Commission shall enforce18 this section in the same manner, by the same19 means, and with the same jurisdiction, powers,20 and duties as though all applicable terms and21 provisions of the Federal Trade Commission Act22 (15 U.S.C. 41 et seq.) were incorporated into23 and made a part of this section.24 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 33 •S 5026 RS (B) PRIVILEGES AND IMMUNITIES.—Except1 as provided in subparagraph (C), any person2 who violates this section or a regulation promul-3 gated under this section shall be subject to the4 penalties and entitled to the privileges and im-5 munities provided in the Federal Trade Commis-6 sion Act (15 U.S.C. 41 et seq.).7 (C) COMMON CARRIERS.—Notwithstanding8 section 4, 5(a)(2), or 6 of the Federal Trade9 Commission Act (15 U.S.C. 44, 45(a)(2), 46) or10 any jurisdictional limitation of the Commission,11 the Commission shall also enforce this Act, in the12 same manner provided in subparagraphs (A)13 and (B), with respect to common carriers subject14 to the Communications Act of 1934 (47 U.S.C.15 151 et seq.) and Acts amendatory thereof and16 supplementary thereto.17 (D) AUTHORITY PRESERVED.—Nothing in18 this section shall be construed to limit the au-19 thority of the Commission under any other pro-20 vision of law.21 (E) RULEMAKING.—The Commission shall22 promulgate in accordance with section 553 of23 title 5, United States Code, such rules as may be24 necessary to carry out this section.25 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB 34 •S 5026 RS SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION’S1 ABILITY TO PROMULGATE RULES ON CHIL-2 DREN’S ADVERTISING.3 (a) IN GENERAL.—Section 18(h) of the Federal Trade4 Commission Act (15 U.S.C. 57a(h)) is repealed.5 (b) CONFORMING AMENDMENT.—Section 18(a)(1) of6 such Act is amended in the matter preceding subparagraph7 (A), by striking ‘‘Except as provided in subsection (h), the8 Commission’’ and inserting ‘‘The Commission’’.9 VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB Calendar No. 531 119TH CONGRESS 2D SESSION S. 5026 A BILL To require warning labels on sugar-sweetened foods and beverages, foods and beverages containing high-intensity sweeteners, ultra-processed foods, and foods high in nutrients of concern, such as added sugar, saturated fat, or sodium, to restrict junk food advertising to children. JULY 28, 2026 Reported with an amendment VerDate Sep 11 2014 23:59 Jul 28, 2026 Jkt 069200 PO 00000 Frm 00036 Fmt 6651 Sfmt 6651 E:\BILLS\S5026.RS S5026 kjohnson on DSK7ZCZBW3PROD with $$_JOB

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